'HISTORY      A\Lhr 


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FEDEEAL    GOVEENMENT  • 


FIFTY     YEARS: 


MARCH  1789,  TO  MARCH,  1839. 


By     ALDEIV     BRADFORD,     LL.    D. 

Editor  of  Massachusetts  State  Papers  :    Author  of  History  of  Massachusetts  ;  of  Remarks 

on  State  Eights  ;   an  early  Member  of  the  Mass.  Historical  Society  ;  and  Hon. 

Member  of  Historical  Society  of  New  York,  Pennsylvania,  and  Georgia. 


"  The  unity  of  government,  which  constitutes  you  one  people,  is  now  dear  to  you.  It  is 
justly  so  :  for  it  is  a  main  pillar  in  the  edifice  of  your  real  independence,  the  support  of  your 
tranquillity  at  home,  of  your  peace  abroad  ;  of  your  safety  ;  of  your  prosperity  ;  of  that 
very  liberty  which  you  so  highly  value." — Washington'' s  Mdrcss. 

"  The  State  governments  are  an  essential  part'of  the  federal  system.  Consolidation  is  an 
effect  which  all  good  men  would  deprecate.  Too  much  provision  cannot  be  made  against 
consolidation.  It  would  subvert  the  new  Constitution.  The  State  governments  are  the 
safeguards  of  the  federal  Constitution  :  they  will  protract  the  period  of  our  liberties.  They 
will  afford  a  shelter  against  the  abuse  of  power  ;  and  will  be  the  natural  avengers  of  our 
violated  rights." — dmcs. 

"  By  enlarging  the  basis  of  our  system,  and  increasing  the  number  of  States,  the  system 
itself  has  been  strengthened.  Consolidation  and  disunion  have  thereby  been  rendered  equally 
impracticable.  Each  government,  confiding  in  its  own  strength,  has  less  to  apprehend  from 
the  other  ;  and,  in  consequence,  each  enjoying  a  greater  freedom  of  action,  is  rendered  more 
efficient  for  all  the  purposes  for  whh'.h  it  was  instituted." — M"nrcc 


BOSTON : 
SAMUEL    G.     SIMPKINS. 

FIRST  OF  JULY: 

1840. 


Entered  according  to  act  of  Congress,  in  the  year  1840, 

By  ALDEN  BRADFORD, 

In  the  Clerk's  office  of  the  District  Court  of  Massachusetts. 


TORREY  &  DkAlft,  J&ifitwf. '  \* '.  •'  •       '•    •*• 


TO 

WILLIAM    HENRY     HARRISON, 

OF  CINCINNATI, 

STATE  OF  OHIO  : 

Sir  : — My  limited  personal  intercourse  with  you  would 
not  fully  justify  me,  perhaps,  in  the  liberty  I  assume,  by 
this  public  address  to  you ;  and  by  thus  seeking,  at  least  by 
implication,  your  patronage  of  a  work  intended  for  general 
circulation  in  all  parts  of  the  United  States.  And  yet  it 
has  been  my  lot  to  witness  your  patriotic  and  honorable 
exertions,  in  the  highest  branch  of  the  national  councils,  in 
favor  as  well  of  individuals,  whose  services,  in  the  struggle 
for  liberty  and  independence,  so  justly  entitled  them  to  the 
remuneration  of  the  government,  as  of  the  welfare,  honor, 
and  prosperity  of  the  nation.  In  the  measure  of  a  generous 
allowance  to  those  worthy  veterans,  you  took  a  conspicuous 
part,  which  neither  they,  nor  their  children,  nor  the  country, 
can  ever  forget. 

I  perceive,  in  this  act,  your  gratitude  and  sympathy 
towards  those  truly  patriotic  citizens ;  and,  in  your  retire- 
ment, after  a  brilliant  career  in  public  life,  to  the  duties  and 
labors  of  a  private  station,  your  approbation  of  their  ex- 
emplary conduct,  "in  laying  down  in  peace,  arms  taken  up 
in  defence  of  the  republic  and  its  liberties." 

But  my  respect  and  admiration  for  your  character  are 


iv  DEDICATION. 

not  confined  to  the  consideration  of  any  single  act  of  your 
long  life ;  devoted,  as  it  has  been,  from  the  days  of  your 
youth,  to  the  public  service,  in  various,  responsible,  trying, 
and  honorable  stations.  And  although  the  whole  people 
are  convinced  of  your  bravery  and  heroism,  on  all  occasions 
where  the  calls  of  patriotism  and  humanity  were  addressed 
to  you,  it  is  less  from  a  regard  for  your  military  talents  and 
services,  than  for  your  habitually  benevolent  and  morally 
honorable  conduct,  that  the  wise  and  sober  portion  of  your 
fellow-citizens,  at  present,  unite  in  a  voluntary  tribute  of 
gratitude  and  confidence  in  your  political  and  civic  virtues. 

You  were  brave  and  resolute  in  war :  But  what  is  far 
higher  praise,  in  the  estimation  of  every  true  republican 
and  every  virtuous  citizen,  you  have  always  manifested  a 
paramount  regard  for  the  Constitution  and  the  laws ;  and 
have  preserved  a  reputation  for  probity,  sustained  in  sit- 
uations where  you  had  power  to  become  rich,  even  without 
justly  incurring  the  charge  of  gross  peculation.  Nor  is 
there  a  solitary  instance  on  record,  of  the  exercise  of  mere 
arbitrary  power,  in  your  public  conduct,  when  you  had 
great  discretionary  authority,  and  were  accountable  only  to 
your  conscience  and  your  God. 

Such  rare  patriotism,  and  such  singular  integrity  demand 
public  respect  and  eulogy.  It  reminds  one  of  the  memorable 
days  of  the  Revolution,  when  Washington  and  his  gallant 
army  long  devoted  themselves  to  the  defence  of  civil  liberty, 
from  purely  patriotic  motives,  and  without  just  and  adequate 
reward :  and  of  the  distinguished  band  of  patriots  in  the 
councils  of  the  country,  at  that  critical  period,  of  whom,  it 
might  be  almost  literally  said,  "that  they  declared  for  in- 
dependence, and  consulted  for  its  establishment,  with  halters 


DEDICATION.  v 

about  their  necks."  In  later  times,  such  proofs  of  political 
integrity  and  zeal  are  rare  indeed. 

By  a  life  chiefly  devoted  to  the  welfare  of  the  republic, 
you  have  given  assurance  of  ability  and  judgment,  and  of 
upright  and  disinterested  views,  fully  adequate  to  the  suc- 
cessful and  honorable  discharge  of  the  duties  of  the  highest 
station,  in  which  the  people  can  place  you.  And  most  of 
all,  your  reverence  for  the  Constitution,  as  a  guide  for  rulers 
as  well  as  for  the  people,  is  an  auspicious  guaranty  of  your 
just  and  faithful  exercise  of  power,  to  any  extent  which 
may  be  given  you,  with  a  single  desire  to  secure  the  bles- 
sings of  liberty,  and  to  promote  the  best  interests  of  the 
republic. 

The  world  has  so  often  witnessed  the  abuse  of  power  in 
the  hands  of  rulers,  that  men  of  experience  have  just  cause 
for  apprehension,  from  the  arbitrary  conduct  of  those  who 
are  clothed  with  great  authority  over  their  fellow-citizens. 
Julius  Caesar,  Oliver  Cromwell,  and  Napoleon  Buonaparte, 
professed  to  be  the  friends  of  liberty  and  of  the  common- 
wealth :  but  in  the  moment  of  their  elevation  they  became 
tyrannical ;  and,  intoxicated  with  power,  they  forgot  their 
just  responsibilities,  and  their  duty  to  the  people.  So  did 
not  the  patriotic  and  illustrious  Washington.  And,  without 
intending  to  flatter  you,  I  may  say  with  truth,  that  there  is 
a  general  belief  that  your  aim  and  ambition  have  always 
been  to  merit  the  praise  of  being  his  disciple  and  follower 
in  political  life.  Pew  men,  indeed,  whether  military  com- 
manders, or  civil  magistrates,  may  be  justly  compared  to 
that  wonderful  man ;  but  it  is  hoped  that  some  who  yet 
linger  among  us,  are  desirous  of  imitating  his  virtues,  a3 
well  as  of  sharing  in  his  fame. 


vi  DEDICATION. 

With  a  recollection  of  your  various  eminent  services  to 
the  republic,  a  persuasion  of  your  sacred  regard  for  the 
Constitution,  and  a  conviction  of  your  sincere  and  ardent 
patriotism,  I  need  offer  no  apology  for  prefixing  your  name 
to  the  present  work.  But  I  would  not  make  you  responsible 
for  the  views  I  have  given,  and  the  sentiments  I  have  ex- 
pressed, in  all  respects,  as  to  the  past  measures  of  the  federal 
government.  Wishing  to  flatter  no  man,  and  in  some 
measure  independent  of  any  mere  party  in  the  Union,  I 
hope,  that,  in  the  honest  expression  of  my  opinions,  I  shall 
share  in  your  candor,  if  I  do  not  meet  your  entire  sanction 
and  approbation. 

With  sentiments  of  great  respect 
and  consideration, 
I  am,  Sir,  your 
fellow-citizen, 

ALDEN  BRADFORD. 


ADVERTISEMENT. 


The  object  of  the  present  volume  is  to  state  the  nature 
and  to  record  the  proceedings  of  the  general  government, 
which  was  established  in  1789.  Half  a  century  has  now 
elapsed,  since  that  great  political  event  occurred,  in  the  his- 
tory of  the  United  States  :  and  the  rising  generation  may 
not  be  correctly  and  fully  acquainted  with  its  origin,  with 
its  design,  or  with  the  public  measures,  early  adopted  and 
pursued ;  which  give  to  it  its  legitimate  and  distinctive 
character.  In  neither  of  these  respects,  however,  does  the 
writer  pretend  to  give  any  new  views ;  nor  does  he  differ, 
he  believes,  from  those  already  presented  by  eminent  states- 
men and  civilians,  who  have  written  on  the  subject.  But 
these  are  to  be  found  only  by  searching  numerous  volumes; 
and  as  to  a  history  of  the  federal  government  since  it  was 
established,  nothing  in  a  connected  form  has  yet  been  given 
to  the  public.  Such  a  narrative  or  view,  is  here  attempted. 
But  the  purpose  has  been  to  do  this  in  as  concise  a  form  as 
was  consistent  with  a  faithful  and  just  statement.  And  it 
is  believed,  that  it  contains  an  account  of  all  the  important 
events  which  have  occurred  under  the  general  government; 
so  that  the  leading  measures  and  conduct  of  each  successive 
administration  may  be  fairly  exhibited,  and  the  nature  and 
the  extent  of  the  powers  of  that  government  may  be  fully 
perceived. 

The  work  might  have  been  greatly  extended,  by  a  more 
minute  reference  to  every  act  and  measure  of  the  govern- 
ment, and  to  the  particular  circumstances  therewith  con- 
nected. Much  might  have  been  added,  by  way  of  illustra- 
tion and  comment;  and  various  public  documents  might 
have  been  incorporated  with  it.  The  latter  have  already 
been  published  to  a  great  extent,  and  may  be  found  in  most 
public  libraries  in  every  State.  And  they  will  remain  as 
rich  materials  to  one  who  may  in  future  undertake  a  more 
elaborate  history.  All  the  prominent  measures  adopted, 
however,  it  is  believed,  will  be  found  here  noticed ;  and  a 
sincere  desire  has  not  been  wanted  to  give  a  correct  and 
impartial  statement. 

Little  indulgence  has  been  allowed  to  a  disposition  for 
political  speculation ;  for  the  writer  did  not  feel  it  just  to 
enlarge  in  the  expression  of  his  own  political  opinions ;  and 
yet  he  trusts  he  has  not  purposely  concealed  them ;  nor  been 


vfii  ADVERTISEMENT. 

deterred,  in  any  case,  from  praise  or  censure,  as  to  individ- 
uals or  measures,  such  as  he  believed  warranted  by  the 
evident  consequences  to  the  public. 

It  is  believed  that  the  historian  should  confine  himself,  in 
a  great  measure,  to  a  faithful  narrative  of  events,  instead 
of  writing  essays  on  different  political  theories ;  in  which, 
if  there  should  be  no  highly  improper  coloring  given,  the 
writer  would  at  least  substitute  his  own  speculations  for  a 
just  and  impartial  relation.  A  history  may  be  faithfully 
written  where  there  is  little  of  the  theory  of  the  author  : — 
but  when  it  is  prepared  chiefly  for  the  purpose  of  vindi- 
cating a  party,  it  ceases  to  deserve  the  name,  as  it  wants  the 
attribute  of  impartiality.  Many  writers,  both  in  politics 
and  religion,  have  favored  the  world  with  publications, 
called  history ;  and  though  they  record  many  real  facts  and 
occurrences,  they  have  often  been  mere  apologies  for 
the  sect  or  party  to  which  the  writers  belonged,  rather  than 
true  histories. 

It  is  certainly  difficult  to  divest  one's  self  of  all  biasses  and 
prejudices  of  this  sort.  And  therefore  there  is  a  strong 
reason  against  theorising  at  all;  or  in  often  intruding  our 
own  views  on  a  party  question.  A  statement  of  what  has 
really  occurred,  and  what  specific  measures  have  been 
adopted  by  an  individual  ruler,  or  the  majority,  should  be 
fairly  given.  The  candid  will  then  judge  correctly,  from 
the  circumstances  and  the  results. 

The  writer  of  this  volume  would  dare  hope,  that  he  has 
aimed  to  avoid  these  errors.  And  yet  he  could  not  speak 
in  the  same  high  terms  of  praise  of  some  of  the  rulers  in 
the  republic,  as  of  others.  He  could  not  confound  political 
integrity  with  mere  professions  of  patriotism ;  nor  an  hon- 
orable policy  with  successful  intrigue.  Trained  up  in  the 
school  of  Washington  and  that  of  his  sincere  friends  and 
co-patriots,  he  early  learned  to  revere  their  characters,  and 
to  approve  their  political  course ;  and  in  so  far  as  others 
have  repudiated  their  policy,  or  adopted  wild  theories  and 
experiments  in  government,  he  cannot  commend  them ;  but 
he  trusts  a  spirit  of  candor  and  impartiality  has  guided  him 
in  his  researches  for  this  volume,  and  that  his  statements 
are  made  in  conformity  to  the  public  documents  and  records 
which  still  exist.  His  strongest  desire  for  the  continuance 
of  the  liberties  of  the  people  and  of  the  welfare  of  the  re- 
public, reposes  in  a  hope,  ardently  cherished,  that  our  rulers 
may  be  imbued  with  the  spirit  of  Washington,  and  that  a 
sacred  regard  may  be  always  manifested  for  the  principles 
of  the  Constitution. 

Boston,  July  1,  1840. 


HISTORY 


FEDERAL    GOVERNMENT. 


CHAPTER  I. 

Formation  of  Federal  Government.  Power  of_  Old  Congress,  under  the  Con- 
federation. Design  and  Nature  of  the  Federal  Constitution.  Extent  of  the 
Powers  granted  to  the  General  Government.  The  Powers  not  delegated 
remain  with  the  Separate  States,  which  in  most  cases  are  still  Sovereign. 
Address  of  President  Washington.  Of  Mr.  Adams,  Vice  President.  Actg 
of  First  Session  of  Congress.  Auspicious  Effects  of  Federal  Government. 
Power  of  the  President  in  Appointments  to  Office.  Second  Session.  Report 
of  Secretary  of  Treasury  on  Finances  and  Revenue.  Speech  of  President, 
December,  1789.  Proceedings  of  Congress  on  the  Report  of  Secretary,  and 
on  Subjects  mentioned  in  Speech.  Indian  Tribes.  Difference  proposed  be- 
tween Original  and  Present  Holders  of  Public  Securities.  Funding  System. 
Military  Peace  Establishment.  Slavery.  Permanent  Seat  of  Government. 
Distinguished  Members  of  First  Congress. 

The  federal  Constitution,  prepared  by  a  Convention  of 
delegates,  from  twelve  of  the  thirteen  independent  States  of 
North  America,  in  1787,*  was  adopted  by  the  requisite 
majority  of  those  States  in  1788  f ;  and  in  April,  1789,J  the 
federal  government,  provided  by  that  compact,  was  organ- 

*  The  State  of  Rhode  Island  did  not  send  delegates  to  the  Convention. 

t  Before  August,  1788,  ten  States  had  adopted  the  new  Constitution,  being 
one  more  than  the  number  required  by  that  instrument,  to  have  the  government 
organized,  viz  :  Delaware,  Pennsylvania,  New  Jersey,  in  December,  1787  ; 
Georgia,  and  Connecticut,  in  January,  1788  ;  Massachusetts,  in  February, 
1788  ;  Maryland,  in  April,  1788  ;  South  Carolina,  in  May  ;  New  Hampshire, 
New  York,  and  Virginia,  in  June  ;  North  Carolina,  in  November,  1789  ; 
Rhode  Island,  May,  1790  ;  Vermont,  in  January,  1791. — Six  States  accepted 
the  Constitution  without  proposing  any  amendments,  and  seven  States  pro- 
posing amendments,  most  of  which  were  afterwards  adopted,  and  added  to 
the  original  Constitution. 

t  A  quorum  was  not  formed  till  the  first  of  April,  though  March  had  been 
proposed  by  the  old  Congress,  when  it  announced  the  adoption  of  the  Consti- 
tution by  nine  States. 

2 


10  FEDERAL  GOVERNMENT.  [1789 

ized,  and  commenced  the  exercise  of  high  political  powers. 
This  convention  was  called,  not  by  the  people  of  the  States 
directly,  but  by  their  representatives,  or  the  legislatures  of 
the  States ;  but  the  Constitution,  prepared  by  the  Conven- 
tion, was  adopted  by  delegates  chosen  by  the  people  in 
each  State;  and  is  justly  to  be  considered  the  act  and  will 
of  the  majority  of  the  people  (in  the  States  respectively)  as 
declared  in  the  preamble,  "  We,  the  people,"  &c.  The 
amendments  to  the  federal  Constitution,  proposed  by  the 
first  Congress,  in  1789,  in  conformity  to  recommendations  of 
most  of  the  State  Conventions  which  adopted  it,  were  also 
sanctioned  by  the  State  legislatures,  and  not  by  Conventions 
specially  called  for  the  purpose.  And  this  was  agreeable 
to  the  fifth  section  of  the  third  article  of  the  Constitution, 
which  points  out  the  mode  of  amendments  :  so  that  it  ap- 
pears Conventions  of  delegates  of  the  people  are  not  neces- 
sary in  making  additions  to  the  original  compact ;  but  it 
may  be  by  the  legislatures  of  the  States.  The  amendment, 
respecting  the  election  of  President  and  Vice  President,  af- 
terwards adopted,  was  made  in  this  manner.  But  the  dif- 
ference is  not  material  between  these  two  modes  of  adopt- 
ing amendments  ;  as  in  either  case,  it  is  the  act  of  the  people 
by  their  representatives. 

Up  to  the  year  1789,  from  the  time  of  the  declaration  of 
Independence,  in  July,  1776,  and  indeed  from  the  beginning 
of  1775,  the  several  States  had  assumed  and  exercised 
sovereign  authority  within  their  respective  territories,  al- 
though a  continental  Congress  had  been  held  from  Septem- 
ber, 1774  :  and  united  council  and  action  had  happily  pre- 
vailed during  the  war  of  the  Revolution.  But  that  Con- 
gress, composed  also  of  delegates  from  the  several  States, 
and  appointed  by  the  legislatures  thereof,  did  not  possess 
authority  to  carry  into  full  effect  the  measures  which  they 
considered  proper  and  important,  without  the  consent  of 
the  State  legislatures.  It  could  only  devise  and  recom- 
mend ;  and  the  decision  of  the  several  States  was  essential 
to  consummate  the  plans  and  requisitions  of  the  grand  coun- 
cil of  the  confederacy.  The  imbecility  and  defects  of  such 
a  political  body  were  often  felt  and  acknowledged,  during 
the  war  for  Independence,  from  1775  to  1783 ;  and  when 
the  contest  with  England  was  over,  the  defect  was  in  some 
respects  even  more  apparent  and  more  deplored.  By  for- 
eign governments,  the  thirteen  States  were  considered 
as  one  nation ;  and  the  welfare  and  prosperity  of  the 
whole,  in  a  domestic  view,  rendered  it  equally  neces- 
ary — also,  that  there   should  be  a  supervising   and  gen- 


1789]  WASHINGTON.  11 

eral  government,  as  to  national  objects  and  purposes.  The 
debt  incurred  by  the  war  was  of  great  amount ;  and  the 
credit  and  honor  of  the  United  States  required  its  speedy- 
payment.  And,  while  the  resources  of  the  country  were 
perceived  to  be  fully  adequate  to  its  extinguishment,  it  was 
also  evident,  that  so  long  as  the  States  should  act  separate- 
ly, there  could  be  no  just  hope  of  accomplishing  this  most 
important  object.  Uniformity  in  measures  through  all  the 
States,  relating  to  foreign  commerce  and  foreign  intercourse, 
was  found  to  be  essential,  as  well  for  the  reputation  of  the 
country  with  other  nations,  as  for  the  present  peace  and 
future  prosperity  of  the  United  States.  Insurrection  had  al- 
ready occurred  in  some  of  the  States ;  and  it  was  believed  that 
the  laws  and  measures  of  a  single  State  had  less  authority 
and  respect  than  those  which  should  be  adopted  by  a  gen- 
eral government.  In  a  word,  there  appeared  to  be  no 
foundation  for  internal  peace,  for  national  prosperity,  or  for 
political  respectability  in  the  estimation  of  the  civilized 
world,  but  in  union.  The  most  intelligent  citizens,  of  un- 
doubted patriotism  and  political  knowledge  and  experience, 
in  all  the  States,  declared  their  conviction  of  the  necessity 
of  vesting  greater  power  in  Congress,  as  the  only  effectual 
remedy  for  existing  evils,  and  for  the  prevention  of  future 
extensive  national  calamities. 

Governor  Bowdoin,  of  Massachusetts,  expressed  this 
opinion  in  two  public  addresses  to  the  legislature,  in  1783 
and  17S6 ;  and  near  the  close  of  the  year  last  named,  the 
General  Assembly  of  Virginia  adopted  a  resolution  in  favor 
of  a  continental  Convention,  for  such  a  purpose.* 

The  great  object  proposed  to  be  attained,  when  the  Con- 
vention was  called,  was  uniform  and  united  action  of  all 
the  States,  "  for  the  general  welfare,  for  common  defence, 
and  for  the  security  of  the  blessings  of  liberty ;  "  and  for 
delegating  sufficient  political  authority  to  Congress,  to  di- 
rect, control  and  enforce  all  measures  for  the  benefit  of  the 
States  collectively.  And  this  object  was  kept  in  view  by 
the  Convention  which  prepared  the  Constitution,  and  re- 
commended it  to  the  several  States  for  adoption.  It  was 
provided,  that  the  federal  or  general  government,  to  be 
formed  under  it,  should  have  authority  to  enact  and  exe- 
cute all  laws  of  a  general  nature,  and  affecting  the  whole 

*  The  first  step  was  a  meeting  at  Annapolis,  in  Maryland,  September,  1786  ; 
but  only  five  States  were  represented  in  the  Convention  ;  and  nothing  was 
then  done,  but  to  recommend  a  Convention  of  delegates  from  all  the  States  to 
be  held  at  Philadelphia  in  the  Spring  of  1787. — And  the  Virginia  Assembly 
soon  after  proposed  the  same  measure. 


12  FEDERAL  GOVERNMENT.  [1789 

country  ;  but  did  not  give  it  power  to  legislate  for  the  States 
on  common  local  subjects,  relating  to  their  internal  police. 

The  Convention  was  called  "for  the  purpose  of  revising 
the  articles  of  the  Confederation,  and  for  reporting  to  the 
several  legislatures,  such  alterations  and  provisions  therein, 
as  should,  when  agreed  to  in  Congress  and  confirmed  by 
the  States,  render  the  federal  compact  adequate  to  the  ex- 
igences of  government  and  the  preservation  of  the  union." 

There  were  different  plans  proposed  in  the  Convention, 
as  a  remedy  for  the  evils  which  existed,  or  were  then  ap- 
prehended. One  was  to  grant  full  power  to  Congress,  to 
regulate  commerce,  and  to  raise  a  revenue  from  imports  to 
discharge  the  public  debt ;  and  to  have  Congress  one  body 
as  it  had  formerly  been.  But  the  majority  of  the  members 
early  discovered  a  preference  for  a  complete  general  gov- 
ernment. And  the  great  question  was,  whether  it  should  be 
strictly  national,  or  federal.  The  former  system,  it  was 
supposed,  would  nearly  annihilate  the  State  governments, 
while  the  latter  would  be  adequate  to  the  objects  in  view, 
would  still  reserve  to  the  States  a  great  portion  of  their 
separate  authority,  and  would  be  most  agreeable  to  a  large 
majority  of  the  people.  And  the  frame  of  Government,  final- 
ly prepared  and  adopted,  was  of  a  federal  rather  than  of  a 
national  government :  or,  as  Mr.  Madison  has  said,  "  was 
partly  national  and  partly  federal." 

The  Constitution  of  the  United  States,  from  which  the 
federal  Government  derives  its  powers,  was  framed  by  men 
deputed  by  the  legislature  or  authority  of  the  several  States  ; 
and,  though  it  was  submitted  to  the  consideration  of  the 
people  of  the  United  States,  and  adopted  by  them  through 
their  delegates,  its  acceptance  or  ratification  depended,  not 
on  the  majority  of  the  whole  people  in  the  aggregate,  but 
on  the  majority  of  States.  And  it  is  evident  there  might 
have  been  a  majority  (or  two-thirds)  of  the  States  in  favor 
of  the  Constitution,  without  there  being  two-thirds  of  the 
whole  people  in  all  the  States.  The  government,  therefore, 
is  a  federal,  rather  than  a  national  government,  strictly 
speaking.  Still,  it  is  a  general  government ;  it  is  the  gov- 
ernment of  the  United  States.  Nine  States  constituted  the 
requisite  majority  :  but  if  Virginia,  Massachusetts,  Penn- 
sylvania, and  North  Carolina  had  been  opposed  to  it,  by  a 
large  majority  in  each,  there  would  not  have  been  two- 
thirds  of  the  people  for  it.  It  was  not  a  majority  of  the 
people,  but  of  the  States,  then,  which  ratified  the  Constitu- 
tion ;  and  so  the  instrument  itself  provided  and  required. 
The  apportionment  of  the  Senate  is  proof  also3  that  the 


1789]  WASHINGTON.  13 

general  government  is  federal,  and  not  strictly  national. 
Every  State  is  equally  represented  in  that  body,  without 
regard  to  its  population.  But  this  is  utterly  irreconcila- 
ble with  the  doctrine  of  those,  who  say  the  general  gov- 
ernment is  a  national  one,  in  which  the  whole  people  are 
equally  represented.  Neither  numbers  nor  property  are 
represented  in  the  Senate ;  but  States.  The  provision  or 
principle  which  operates  in  the  choice  of  President,  when 
there  has  been  no  choice  by  the  Electors,  shows  also  the 
federal  character  of  the  government.  Each  State  has  a 
vote — instead  of  taking  all  the  votes  of  the  representatives 
in  the  aggregate,  as  in  all  cases  where  the  numerical  major- 
ity govern.  It  may,  however,  be  justly  said  with  Mr. 
Madison,  that  the  government  of  the  United  States  is  partly 
federal  and  partly  national.  And  yet  the  federal  features 
prevail,  and  give  the  true  character  of  the  compact.* 

The  federal  government  was  designed  to  be,  and  by  a 
proper  and  natural  construction  of  the  Constitution,  is,  one 
of  limited  powers.  Its  jurisdiction  or  authority  relate  to  cer- 
tain specific  objects,  which  are  expressly  enumerated.  They 
are  high  and  extensive  powers  ;  and  with  every  intelligent 
man  must  be  supposed  to  include  the  right  to  carry  the 
specified  powers  into  full  effect.  Any  other  construction 
would  involve  an  absurdity.  And  yet  the  exercise  of  pow- 
ers not  expressly  given,  or  clearly  implied,  would  evidently 
be  an  unwarranted  usurpation.  In  the  exercise  of  powers 
fully  given,  Congress,  or  the  federal  government,  is  sovereign 
and  uncontrollable  by  the  States  ;  much  more  so  by  a  sin- 
gle State.  But  further  and  beyond  such  delegated  power, 
it  has  not  legitimate  authority.  All  else  remain  with  the 
States  respectively,  or  with  the  people  thereof.     The  man- 

*  The  Convention  consisted  of  fifty  members.  Fifteen  more  were  chosen,  but 
did  not  attend.  And  several  who  attended  did  not  put  their  names  to  the 
Constitution,  as  they  disapproved  of  some  parts  of  it :  but  after  it  was  adopted, 
they  generally  gave  it  their  decided  support.  Some  members,  who  attended 
the  Convention  a  great  part  of  its  session,  and  who  approved  of  the  Constitu- 
tion, were  absent,  when  the  vote  passed  for  its  adoption.  The  members  of 
the  Convention  were  not  in  proportionate  numbers  to  the  population  of  the 
respective  States  :  Delaware  had  five,  Pennsylvania  eight,  New  Jersey  five, 
Massachusetts  only  four,  Virginia  seven,  New  York  three,  Connecticut  three, 
Maryland  five,  South  Carolina  four,  North  Carolina  four,  New  Hampshire  two, 
Georgia  two.  The  difficulty  was  at  once  perceived  of  framing  a  general  gov- 
ernment, so  as  to  avoid  collision  with  State  authority,  and  to  be  free  from  the 
charge  of  being  imperium  in  imperio.  And  it  was  designed  to  guard  against 
this  difficulty  and  this  imputation  by  stating  to  what  subjects  the  power  of  the 
federal  government  should  extend.  In  these  cases,  its  authority  is  exclusive 
and  paramount ;  and  in  all  other  cases,  it  is  by  implication,  without  just  author- 
ity or  jurisdiction. 


1 4  FEDERAL  GOVERNMENT.  [1789 

ner  in  which,  and  the  State  governments  by  which  the  fed- 
eral Constitution  was  formed,  clearly  implies  this  :  and  in 
the  first  section  of  the  first  article,  it  declares,  that  the  pow- 
ers to  be  vested  in  and  exercised  by  the  general  government 
were  granted  by  the  several  States. 

Such  was  the  design  and  such  the  only  reasonable  con- 
struction of  the  federal  compact.  The  powers  of  the  gen- 
eral government  were  conferred  on  it  by  the  States.  It  is 
the  agent  of  the  States  for  general  purposes,  and  may  justly 
act  only  on  subjects  on  which  its  constituents  have  author- 
ized it  to  act.  For  the  original  States  were  not  creatures  of 
the  federal  government ;  but  the  federal  government  is  the 
creature,  the  agent  of  the  several  sovereign  States.  In  the 
convention  for  forming  the  Constitution,  Mr.  King,  a  dele- 
gate from  Massachusetts,  (afterwards  of  New  York,)  is  re- 
ported to  have  said — "  it  was  of  the  nature  of  a  commission, 
given  by  the  several  States,  for  performing  acts  of  a  general 
nature,  which  no  one  State  was,  separately,  competent  to 
do." 

No  one  State  may  justly  oppose  the  authority  of  Con- 
gress, unless  it  should  make  a  law  for  such  a  State  only, 
and  that  manifestly  an  arbitrary,  oppressive,  and  unjust 
law  :  nor  may  Congress  justly  interfere  with  the  laws  of  a 
State,  unless  such  laws  are  clearly  repugnant  to  the  au- 
thority of  Congress,  conferred  on  it  by  the  Constitution  ;  or 
unless  a  State  assumes  to  exercise  authority  prohibited  to 
it  by  the  federal  compact. 

To  say,  "  that  the  federal  government  has  as  much  right 
to  control  the  acts  and  measures  of  a  State,  as  a  State  has 
to  control  those  of  a  town  or  county,"  is  entirely  incorrect 
and  unsound.  A  State  creates  or  forms  a  county  or  dis- 
trict within  its  territory  ;  and  such  district  or  county  is  still 
a  part  of  the  State,  and  to  be  governed  by  the  majority  of 
the  State  in  all  cases  whatever.  But  the  federal  govern- 
ment did  not  create  or  form  the  original  States ;  and  has 
no  just  authority  over  them,  only  in  so  far  as  is  expressly 
granted  by  the  States.  In  forming  new  States,  it  may  be 
somewhat  different;  as  certain  conditions  may  be  justly 
required  by  Congress  on  their  admission  into  the  Union  • 
yet  not  interfering  with  their  powers,  as  independent  gov- 
ernments after  their  admission,  except  in  cases  of  a  general 
nature,  as  specified  in  the  federal  Constitution. 

Thus  the  federal  compact  was  designed  for  the  consoli- 
dation of  the  Union,  though  not  strictly  speaking  for  the 
consolidation  of  the  States ;  the  federal  government  over 
the  whole  for  general  or  national  purposes  being  sovereign 


1789]  WASHINGTON.  f| 

in  its  defined  sphere  ;  and  the  several  States  sovereign  in 
their  internal  concerns,  where  not  expressly  restrained  by 
the  federal  Constitution,  which  they  have  approved  and 
adopted. 

The  former  Congress,  under  the  confederation,  consisted 
of  one  body,  or  assembly,  for  devising  and  recommending 
measures  of  a  general  nature ;  and  the  members  were  ap- 
pointed by  the  general  assemblies,  or  representatives  in  the 
several  States,  and  not  directly  by  the  whole  people.  Un- 
der the  new  Constitution,  Congress*  is  a  separate  and  com- 
plete government,  composed  of  a  House  of  Representatives, 
a  Senate,  and  an  executive  officer,  with  the  title  of  "Pres- 
ident of  the  United  States." 

It  was  not  until  the  thirtieth  of  April,  that  the  federal 
government  was  fully  organized  ;  as  on  that  day  President 
Washington  was  inducted  into  office  as  the  chief  magistrate 
of  the  Union.  On  this  very  interesting  occasion,  he  deliv- 
ered an  address  to  the  Senate  and  House  of  Representatives 
of  the  United  States,  who  had  assembled  some  weeks  pre- 
viously, and  had  been  occupied  in  forming  their  respective 
bodies,  in  the  order,  and  with  the  rules  necessary  for  the 
proper  discharge  of  their  legislative  duties.  It  is  difficult 
to  do  full  justice  to  the  merits  of  this  speech,  by  any  verbal 
representation  of  it ;  and  an  extract  is  here  given,  as  charac- 
teristic of  the  mind  of  this  very  distinguished  personage. 

"Among  the  vicissitudes  incident  to  life,  no  event  could 
have  filled  me  with  greater  anxieties  than  that,  of  which 
the  notification  was  transmitted  by  your  order,  and  re- 
ceived on  the  fourteenth  of  the  present  month  (April).  On 
the  one  hand,  I  was  summoned  by  my  country,  whose 
voice  I  never  hear  but  with  veneration  and  love,  from  a 
retreat  which  1  had  chosen,  with  the  fondest  predilection, 
and,  in  my  flattering  hopes,  with  an  immutable  decisionr 
as  the  asylum  of  my  declining  years — a  retreat  rendered 
every  day  more  necessary,  as  well  as  more  dear  to  me,  by 
the  addition  of  habit  to  inclination,  and  of  frequent  inter- 
ruptions in  my  health,  to  the  gradual  waste  committed  on 
it  by  time.  On  the  other  hand,  the  magnitude  and  diffi- 
culty of  the  trust,  to  which  the  voice  of  my  country  has 
called  me,  being  sufficient  to  awaken,  in  the  wisest  and 
most  experienced  of  her  citizens,  a  distrustful  scrutiny  into 
his  Qualifications,  could  not  but  overwhelm  with  despond- 
ence one,  who,  inheriting  inferior  endowments  from  nature, 

*  In  the  language  of  the  Constitution,  the  term  Congress  is  frequently  used- 
to  signify  the  federal  Government  in  all  its  branches  united. 


16  FEDERAL  GOVERNMENT.  [1789 

and  unpractised  in  the  duties  of  civil  administration,  ought 
to  be  peculiarly  conscious  of  his  own  deficiences.  In  this 
conflict  of  emotions,  all  I  dare  aver  is,  that  it  has  been  my 
faithful  study  to  collect  my  duty  from  a  just  appreciation 
of  every  circumstance  by  which  it  may  be  affected.  All  I 
dare  hope  is,  that,  if  in  accepting,  I  have  been  too  much 
swayed  by  a  grateful  remembrance  of  former,  or  by  an  af- 
fectionate sensibility  to  this  transcendant  proof  of  the  con- 
fidence of  my  fellow-citizens ;  and  have,  thence,  too  little 
consulted  my  incapacity,  as  well  as  disinclination,  for  the 
weighty  and  untried  cares  before  me,  my  error  will  be  pal- 
liated by  the  motives  which  misled  me  ;  and  its  conse- 
quences be  judged  by  my  country,  with  some  share  of  the 
partiality  in  which  they  originated. 

"Such  being  the  impressions,  under  which  I  have,  in 
obedience  to  the  public  summons,  repaired  to  the  present 
station,  it  would  be  peculiarly  improper  to  omit,  in  this  first 
official  act,  my  fervent  supplications  to  the  Almighty  Being, 
who  rules  over  the  universe,  who  presides  in  the  councils 
of  nations,  and  whose  providential  aid  can  supply  every 
human  defect,  that  his  benediction  may  consecrate  to  the 
liberties  and  happiness  of  the  people  of  the  United  States, 
a  government  instituted  by  themselves,  for  these  essential 
purposes  ;  and  may  enable  every  instrument  employed  in 
its  administration,  to  execute,  with  success,  the  functions 
alloted  to  his  charge. 

"  In  tendering  this  homage  to  the  great  Author  of  every 
public  and  private  good,  I  assure  myself  that  it  expresses 
your  sentiments  not  less  than  my  own ;  nor  those  of  my 
fellow-citizens  at  large  less  than  either.  No  people  can  be 
bound  to  acknowledge  and  adore  the  invisible  hand  which 
conducts  the  affairs  of  men,  more  than  the  people  of  the 
United  States.  Every  step  by  which  they  have  advanced 
to  the  character  of  an  independent  nation,  seems  to  have 
been  distinguished  by  some  token  of  providential  agency. 
And  in  the  important  revolution  just  accomplished  in  the 
system  of  their  united  government,  the  tranquil  delibera- 
tion and  voluntary  consent  of  so  many  distinct  communi- 
ties, from  which  the  event  has  resulted,  cannot  be  compared 
with  the  means  by  which  most  governments  have  been  es- 
tablished, without  some  return  of  pious  gratitude,  with  an 
humble  anticipation  of  the  future  blessings  which  the  past 
seems  to  presage. 

"These  reflections,  arising  out  of  the  present  crisis,  have 
been  forced  too  strongly  on  my  mind  to  be  suppressed. 
You  will  join  with  me,  1  trust,  in  thinking  there  are  none, 


1789]  WASHINGTON.  17 

under  the  influence  of  which  the  proceedings  of  a  new  gov- 
ernment can  more  auspiciously  commence. 

"  Having  thus  imparted  to  you  my  sentiments,  as  they 
have  been  awakened  by  the  occasion  which  brings  us  to- 
gether, I  shall  take  my  present  leave,  but  not  without 
reverting,  once  more,  to  the  benign  Parent  of  the  human 
race,  in  humble  supplication,  that,  since  he  has  been 
pleased  to  favor  the  American  people  with  opportunities  for 
deliberating,  in  perfect  tranquility,  and  dispositions  for  de- 
ciding, with  unparalleled  unanimity,  on  a  form  of  govern- 
ment, for  the  security  of  their  Union,  and  the  advancement 
of  their  happiness  ;  so  his  divine  blessing  may  be  equally 
conspicuous  in  the  enlarged  views,  the  temperate  consulta- 
tions, and  the  wise  measures,  on  which  the  success  of  this 
government  must  depend." 

In  public  men  of  less  sincerity  and  purity  of  mind  than 
Washington,  this  repeated  reference  to  an  overruling  Prov- 
idence, and  the  need  of  Divine  direction  for  the  happy  issue 
of  human  exertions,  might  appear  ostentatious,  or  as  in- 
tended to  court  the  favor  of  the  common  people ;  but  in 
him  there  can  be  no  doubt,  that  these  sentiments  were 
deeply  impressed  on  his  own  heart.  There  are  many  in- 
stances recorded,  illustrative  of  his  deep  and  habitual  sense 
of  dependence  on  the  Supreme  Being,  notwithstanding  the 
absence  of  all  parade  and  publicity  in  his  religious  charac- 
ter. And  he  seems  to  have  been  equally  sincere  in  his  be- 
lief, that  Divine  Providence  extends  to  the  affairs  of  nations 
and  societies — views  and  sentiments  not  often  found  in 
military  characters.  But  though  a  brave  and  accomplished 
soldier,  it  is  most  evident,  from  his  general  character,  that 
he  was  averse  to  war,  except  in  defence  of  justice  and  the 
rights  of  man. 

Hon.  John  Adams  was  inducted  into  the  office  of  Yice 
President  of  the  United  States,  and  ex  officio  President  of 
the  Senate,  on  the  twenty-fourth  of  April :  when  he  ad- 
dressed the  Senate  as  follows  : 

" Gentlemen  of  the  Senate, — Invited  to  this  respectable 
situation  by  the  suffrages  of  our  fellow-citizens,  according 
to  the  Constitution,  I  have  thought  it  my  duty  cheerfully 
and  readily  to  accept  it.  Unaccustomed  to  refuse  any 
public  service,  however  dangerous  to  my  reputation,  or 
disproportionate  to  my  talents,  it  would  have  been  incon- 
sistent to  have  adopted  another  maxim  of  conduct,  at  this 
time,  when  the  prosperity  of  the  country  and  the  liberties 
of  the  people  require,  perhaps,  as  much  as  ever,  the  atten- 
3 


18  FEDERAL  GOVERNMENT.  [1789 

tion  of  those  who  possess  any  share  of  the  public  con- 
fidence. 

"  I  should  he  destitute  of  sensibility,  if,  upon  my  arrival 
in  this  city,  and  presentation  to  this  legislature,  and 
especially  to  the  Senate,  I  could  see,  without  emotion,  so 
many  of  those  characters,  of  whose  virtuous  exertions  I 
have  so  often  been  a  witness  ;  from  whose  countenance  and 
example  1  have  derived  encouragement  and  animation  ; 
whose  disinterested  friendship  has  supported  me,  in  many 
intricate  conjunctures  of  public  affairs,  at  home  and  abroad 
— those  celebrated  defenders  of  the  liberties  of  our  country ; 
whom  menaces  could  not  intimidate,  corruption  seduce, 
nor  flattery  allure  :  those  intrepid  asserters  of  the  rights  of 
mankind,  whose  philosophy  and  policy  have  enlightened 
the  world,  in  twenty  years,  more  than  it  was  ever  before 
enlightened  in  as  many  centuries,  by  ancient  schools  or 
modern  universities. 

"I  must  have  been  inattentive  to  the  course  of  events,  if 
I  were  either  ignorant  of  the  same,  or  insensible  to  the 
merits  of  those  other  characters  in  the  Senate,  to  whom  it 
has  been  my  misfortune  to  have  been  hitherto  personally 
unknown. 

"It  is  with  great  satisfaction,  that  I  congratulate  the 
people  of  America  on  the  formation  of  a  national  Constitu- 
tion, and  the  fair  prospect  of  a  consistent  administration  of 
laws  ;  on  the  acquisition  of  a  House  of  Representatives 
chosen  by  themselves  ;  of  a  Senate,  also,  composed  by  their 
own  legislatures ;  and  on  the  prospect  of  an  executive  au- 
thority, in  the  hands  of  one,  whose  portrait  I  shall  not  at- 
tempt to  draw.  Were  I  blessed  with  powers  to  do  justice 
to  his  character,  it  would  be  impossible  to  increase  the  con- 
fidence or  affection  of  his  country,  or  make  the  smallest 
addition  to  his  glory.  This  can  only  be  effected,  by  a  dis- 
charge of  the  present  exalted  trust,  on  the  same  principles, 
with  the  same  abilities  and  virtues,  which  have  uniformly 
appeared  in  all  his  former  conduct,  public  or  private. 
May  I,  nevertheless,  be  indulged  to  inquire,  if  we  look  over 
the  catalogue  of  the  first  magistrates  of  nations ;  whether 
they  have  been  denominated  presidents,  or  consuls,  kings 
or  princes ;  where  shall  we  find  one,  whose  overruling  good 
fortune  has  so  completely  united  all  hearts  and  all  voices 
in  his  favor ;  who  enjoyed  the  esteem  and  admiration  of 
foreign  nations  and  his  fellow  citizens  with  equal  unanimity? 
Qualities  so  uncommon,  are  no  common  blessing  to  the 
country  that  possesses  them.     By  those  great  qualities,  and 


1789]  Washington.  19 

their  benign  effects,  lias  Providence  marked  out  the  head 
of  this  nation,  with  a  hand  so  distinctly  visible,  as  to  have 
been  seen  by  all  men,  and  mistaken  by  none. 

"  It  is  not  for  me  to  interrupt  your  deliberations  by  any 
general  observations  on  the  state  of  the  nation,  or  by 
recommending  or  proposing  any  particular  measures.  It 
would  be  superfluous  to  gentlemen  of  your  great  experi- 
ence, to  urge  the  necessity  of  order.  It  is  only  necessary 
to  make  an  apology  for  myself.  Not  wholly  without  ex- 
perience in  public  assemblies,  I  have  been  more  accustomed 
to  take  a  share  in  their  debates,  than  to  preside  in  their  de- 
deliberations.  A  trust  of  the  greatest  magnitude  is  com- 
mitted to  this  legislature ;  and  the  eyes  of  the  world  are 
upon  you.  Your  country  expects,  from  the  results  of  your 
deliberations — in  concurrence  with  the  other  branches  of 
government,  consideration  abroad,  and  contentment  at 
home — prosperity,  order,  justice,  peace,  and  liberty.  And 
may  the  providence  of  Almighty  God  assist  you  to  answer 
their  just  expectations." 

Mr.  Adams  was  a  member  of  the  first  Continental  Con- 
gress, from  Massachusetts,  in  1774 ;  and  continued  a  mem- 
ber till  the  year  1778,  when  he  was  appointed  to  France. 
He  afterwards  went  to  Holland,  to  obtain  a  loan  for  the 
United  States.  And  in  1783,  when  peace  was  made  with 
England,  he  received  the  appointment  of  Envoy  Extraor- 
dinary to  the  British  court.  His  character  for  talents, 
learning,  and  patriotism,  was  as  highly  distinguished  as 
that  of  any  citizen  in  the  United  States.  And  under  the 
auspices  of  Washington  and  Adams,  the  great  majority  of 
the  people  had  full  confidence  that  their  rights  and  liberties 
were  secure,  and  that  the  wisest  measures  would  be  adopt- 
ed for  the  welfare  and  prosperity  of  the  country.  The 
members  of  the  Senate  and  House  of  Representatives  were 
also  men  of  great  political  experience,  and  of  tried  patriot- 
ism ;  and  many  of  them  had  taken  an  active  part  in  favor 
of  freedom  and  independence,  and  in  concerting  measures 
for  the  safety  of  the  country,  in  the  war  of  the  Revolution. 

The  first  Congress,  under  the  federal  Constitution,  was 
held  in  the  city  of  New  York,  and  continued  in  session  six 
months.  The  House  of  Representatives  consisted  of  fifty- 
nine  members,*  and  the  Senate  of  twenty- two.f     The  sub- 

*  Rhode  Island  and  North  Carolina  had  not  then  adopted  the  Constitution, 
and  had  no  representatives  in  the  first  Congress.  The  members  present  were 
usually  fifty-two  or  three. 

t  Eleven  States  were  represented  in  the  Senate  at  this  time.     From  New 


20  FEDERAL  GOVERNMENT.  [1789 

jectof  Commerce  and  of  Finance  received  their  early  and 
prompt  attention.  To  regulate  these  for  the  credit  and  ben- 
efit of  the  country,  was  indeed  the  great  object  of  their 
meeting,  and  the  leading  design  in  the  formation  of  the 
general  government.  The  acts  for  these  purposes,  and 
some  others,  passed  at  the  first  session  of  Congress,  gave 
an  entirely  new  aspect  to  the  financial  and  commercial 
character  of  the  United  States.  A  system  was  adopted  for 
raising  a  revenue  from  duties  on  imported  articles,  for  the 
purpose  of  paying  the  public  debt,  gradually;  and  the  in- 
terest annually  in  future.  The  securities  holden  by  the 
creditors  of  the  United  States,  rapidly  rose  in  value ;  and 
confidence  both  in  the  ability  and  intention  of  Congress  to 
do  justice,  was  fully  restored.  The  public  debt  was,  in- 
deed, very  great ;  but  it  was  also  perceived,  that,  with 
wisdom  and  decision  in  the  grand  council  of  the  nation, 
its  resources  were  amply  sufficient  for  the  payment  in  a 
few  years,  besides  the  necessary  expenditures  for  the  sup- 
port of  government. 

All  the  members  of  Congress  were  in  favor  of  this  meas- 
ure for  raising  a  revenue  ;  but,  as  to  the  details  of  the  bill 
and  the  difference  in  the  duties  on  different  articles,  there 
were  various  opinions.  The  principles  which  governed  in 
the  final  adjustment  of  the  duties  on  imported  goods,  were 
to  impose  the  highest  per  centum  on  articles  not  considered 
necessary,  and  which  were  deemed  to  be  luxuries  ;  and  to 
fix  the  amount  less  on  goods  and  products  of  ordinary  con- 
sumption among  all  classes  of  people  :*  a  regard  was  also 
had  to  such  articles  as  were  then  or  might  be,  manufac- 
tured in  the  United  States ;  and  thus  a  higher  duty  was 
ordered,  with  a  view  to  encourage  the  enterprize  and  in- 
dustry of  American  citizens.  This  principle  was  early 
recognized,  and  General  Washington  particularly  recom- 

Hampshire,  Langdon  and  Wingate — Massachusetts,  Strong  and  Dalton — Con- 
necticut, Ellsworth  and  Johnson — New  York,  Schuyler  and  King — New  Jersey, 
Elmer  and  Patterson — Pennsylvania,  Morris  and  Maclay — Delaware,  Read 
and  Bassett — Maryland,  Carrol  and  M'Henry — Virginia,  Grayson  and  Lee — 
South  Carolina,  Izard  and  Butler — Georgia,  Few  and  Gunn.  At  the 
second  Session,  January,  1790,  Williamson  and  Hawkins  of  North  Carolina, 
attended. 

*  The  duty  first  proposed  on  molasses  was  six  cents  per  gallon  ;  but  in  the 
bill  as  passed,  it  was  only  two  and  a  half. — On  Bohea  tea,  the  duty  was  six 
cents,  and  on  Hyson,  twenty  ;  on  loaf  sugar,  three  cents,  and  on  brown  su- 
gar, one  cent.  On  wines  :  Maderia,  eighteen  cents — other  kinds,  ten  cents. 
On  distilled  spirits,  Jamaica,  proof,  ten  cents  ;  on  other  spirits,  eight  cents. 
And  when  imported  in  foreign  vessels — Hyson  tea,  twenty-six  cents  ;  and 
Bohea,  eight  cents. 


1789]  WASHINGTON.  21 

mended  it  to  Congress  in  his  second  public  speech, — Jan- 
uary, 1790.  But  the  discrimination  was  not  so  great,  be- 
tween these  goods  or  articles  imported,  and  others  which  did 
not  conflict  with  the  growth  of  our  own  manufactures,  as 
was  adopted  thirty-rive  years  later,  when  this  policy  of  en- 
couragement and  protection  was  pushed  so  far  as  to  meet 
with  warm  opposition  from  some  parts  of  the  United  States, 
on  account  of  its  effects — which  were  more  favorable  to 
certain  sections  than  to  others — according  to  their  respec- 
tive interests  in  manufactories:  and  at  one  time  even  to 
threaten  the  integrity  of  the  Union.* 

The  continental  debt,  at  the  close  of  the  war,  was  forty- 
two  million  dollars ;  but,  in  1789,  as  the  interest  had  been 
accumulating  for  six  years,  and  the  demands  of  the  several 
States  on  Congress,  the  general  government,  were  estimated 
at  twenty-five  millions.  The  whole  public  debt,  to  be  pro- 
vided for  by  the  federal  government,  amounted  to  about 
ninety-four  millions.  The  receipts  into  the  public  treasury 
arising  from  the  duties  on  imported  articles,  and  on  tonnage, 
according  to  the  system  adopted  at  this  first  session  of  Con- 
gress, were  estimated  at  one  million  and  a  half  of  dollars ; 
but  it  was  soon  found  that  they  would  far  exceed  that 
sum.-|-  An  estimate  of  expenditures  for  the  year  was  also 
made  by  the  House  of  Representatives  at  this  time,  as  the 
secretary  of  the  treasury  had  not  then  entered  on  the  duties 
of  his  office ;  and  the  sum  for  the  civil  list  was  $208,000 ; 
and  for  the  war  department,  $137,000. J 

An  act  for  collecting  the  duties  on  imported  goods  was 
also  passed  at  this  session  of  Congress  ;  the  act  was  of  great 
length,  and  employed  much  time  in  its  preparation,  and  in 
its  discussion,  before  it  was  adopted.  And  the  bill  laying 
a  tonnage  duty,  occupied  the  attention  of  Congress  during 
several  days;  and  a  discrimination  was  made  between 
vessels  built  in  the  United  States,  and  in  foreign  countries, 
as  well  as  those  owned  and  navigated  by  Americans,  and 
citizens  or  subjects  of  foreign  governments. 

These  acts  of  the  federal  government  went  into  opera- 

*  At  this  early  period,  a  difference  of  opinion  was  fully  manifested  in  Con- 
gress, as  to  the  measure  of  encouragement  to  manufactures,  when  the  impost 
bill  was  under  discussion — while  little  or  no  favor  was  shown  for  agricultural 
products.  The  latter  was  suggested  and  urged  by  members  from  the 
Southern  States,  but  the  members  from  the  Eastern  States  contended  for  the 
former  policy. 

t  Others  estimated  the  income  from  imports  at  2,500,000,  and  the  expense* 
for  the  whole  civil  list  at  350,000. 

t  This  included  Indian  supplies,  &c. 


22  FEDERAL  GOVERNMENT.  [1789 

tion  the  first  of  August ;  and  in  one  month  the  impost  du^ 
ties  in  Philadelphia  amounted  to  55,000  dollars;  and  in 
New  York  to  40,000.  And,  in  these  two  ports,  probably, 
accrued  nearly  half  the  amount  received  in  all  parts  of  the 
United  States,  at  that  period.  The  Customs  in  Boston, 
Charleston,  and  Baltimore,  yielded  the  next  highest  amount.* 

The  States  of  North  Carolina  and  Rhode  Island  had  not 
then  accepted  the  Constitution,  and  were  therefore  liable 
to  the  increased  duties  required  of  foreign  nations ;  but,  on 
application  from  those  States,  the  discrimination  was  sus- 
pended, in  the  belief,  probably,  that  they  would  soon  adopt 
the  federal  compact,  and  become  members  of  the  Union,  on 
an  equal  footing  with  the  other  States. f 

The  law  of  Congress,  regulating  the  federal  Judiciary, 
was  first  proposed  and  discussed  in  the  Senate,  and  was 
not  passed  till  after  the  most  mature  deliberation.  The 
great  questions  on  this  subject  were, — of  how  many  jus- 
tices the  highest  court  should  consist ;  into  how  many  dis- 
tricts the  United  States  should  be  divided  ;  and  what  were 
their  proper  duties  and  powers  under  the  federal  Consti- 
tution. That  instrument  had  but  briefly  stated  the  powers 
of  the  federal  Judiciary,  and  in  very  general  terms.  And 
it  was  a  difficult  and  intricate  subject  to  define  and  point 
out  the  authority  of  that  high  tribunal,  so  as  not  to  inter- 
fere with  the  jurisdiction  of  the  State  courts,  on  the  one 
hand,  and  not  to  decline  or  forbear  judicial  decisions,  which 
by  implication  of  the  Constitution  belonged  to  it,  for  the 
welfare  of  the  Union,  on  the  other.J  The  law  provided 
for  a  Supreme  Court,  to  consist  of  a  Chief  Justice,  and  five 
Associate  Justices  ;  <§>  and  for  a  District  Court,  of  inferior 
jurisdiction,  in  each ;  and  one  for  Maine  and  Kentucky ; 
•the  former  being  then  a  part  of  Massachusetts,  and  the  lat- 
ter of  Virginia.  The  tenure  of  office,  for  the  Judges  of  the 
Supreme  and  other  federal  courts,  was  settled  by  the  Con- 
stitution, and  was  during  good  behavior;    and   therefore 

*  Most  of  the  Collectors  of  the  Customs,  first  appointed,  were  those  who 
had  distinguished  themselves  in  the  war  of  the  Revolution. 

t  North  Carolina  adopted  the  Constitution,  November,  1789,  and  Rhode 
Island,  in  1790. 

t  John  Jay,  of  New  York,  was  appointed  Chief  Justice  ;  and  John  Rut- 
ledge,  of  South  Carolina,  James  Wilson,  of  Pennsylvania,  William  Cushing, 
of  Massachusetts,  Robert  H.  Harrison,  of  Maryland,  and  John  Blair,  of  Vir- 
ginia, Associate  Justices. 

§  Caleb  Strong,  of  Massachusetts,  was  Chairman  of  the  Committee  of  the 
Senate  on  this  subject  ;  and  was  extremely  anxious  to  prepare  a  bill  as  perfect 
as  possible.     A  letter  of  his,  relating  to  this  bill,  at  the  time,  is  before  me. 


1789]  Washington.  23 

the  legislature  expressed  no  opinion,  as  to  that  point  in 
law,  respecting  the  Judiciary.  But  in  the  law  providing 
for  the  appointment  of  officers  to  be  at  the  head  of  each 
executive  department  of  the  government,  under  the  Presi- 
dent, a  very  grave  question  arose,  relating  to  the  tenure  of 
their  office.  There  was  a  long  discussion  on  the  subject, 
which  called  forth  the  abilities  of  the  most  eminent  states- 
men and  speakers  in  the  House  of  Representatives.  It  was 
contended,  by  those  who  apprehended  too  much  power  in 
the  President,  that  these,  and  all  other  officers  of  the  gov- 
ernment, in  whose  appointment  the  consent  of  the  Senate 
was  necessary,  should  not  be  removed  without  the  appro- 
bation of  that  body.  The  Constitution  was  silent  on  this 
point ;  and  it  was  argued,  that,  as  that  instrument  should 
be  construed  rigidly,  it  would  be  improper  to  give  the  Pres- 
ident such  a  power,  or  to  acquiesce  in  his  exercise  of  it. 
And  it  was  also  urged,  that  it  might  be  liable  to  great  abuse, 
and  serve  to  render  the  Chief  Magistrate  arbitrary,  and,  in 
some  measure,  absolute.  On  the  other  hand,  it  was  ob- 
served and  insisted,  that  this  condition,  of  requiring  the 
consent  of  the  Senate,  in  removals  of  executive  officers  im- 
mediately under  him,  and  for  whose  conduct  he  was,  in  a 
great  measure,  responsible,  would  be  an  improper  restraint 
on  the  Chief  Magistrate,  would  be  an  encroachment  on  his 
just  and  necessary  authority,  and  would  often  operate  to 
the  injury  of  the  public.  The  nature  of  the  case,  it  was 
argued,  required  that  the  President  should  have  power  to 
remove  an  unfaithful  or  incompetent  or  inefficient  officer, 
without  consulting  the  Senate  who  would  often  be  absent 
from  the  Seat  of  Government  for  half  the  year,  and  who 
could  not  possibly  be  acquainted  with  the  ability  of  the  in- 
cumbent, or  the  circumstances  of  the  case,  to  form  an  ac- 
curate and  just  opinion. 

Yery  plausible  and  ingenious  speeches  were  made  in  op- 
position to  granting,  or  recognizing  in  the  President,  such 
great  authority  ;  but  it  was  fully  shown,  at  the  same  time, 
that  the  President  would  be  paralized  in  his  desire  to  ex- 
ercise power  for  the  public  welfare,  if  rendered  necessary  to* 
remove  unfaithful  and  negligent  officers,  who  were  appoint- 
ed merely  to  execute  his  will  and  his  orders.  And  the  bill 
was  finally  passed  by  the  House  of  Representatives,  with- 
out denying  the  power  of  the  President,  by  a  vote  of  thirty- 
three  to  twenty. 

This  decision  had  particular  reference  to  the  Secretary 
of  State,  or  for  foreign  affairs — the  question  arose,  when 
the  bill  for  the  appointment  of  such  an  officer,  to  assist  the 


24  FEDERAL  GOVERNMENT.  [1789 

President,  was  under  consideration.  The  arguments  which 
prevailed  in  that  case,  however,  would  apply  with  equal 
force,  as  some  contended,  to  the  heads  of  all  the  executive 
departments,  to  collectors  of  the  customs,  and  to  marshals, 
&c.  But  even  in  such  cases,  it  would  appear  proper  the 
President  should  have  the  power  of  removal  without  the 
assent  of  the  Senate.  That  he  should  possess  the  power, 
as  to  the  high  confidential  officers  about  him,  and  concern- 
ed in  administering  the  government,  there  cannot  be  a  rea- 
sonable doubt.  And  here,  the  reason  is  apparent  in  favor 
of  such  a  power,  when  only  political  subjects  and  measures 
of  moment  are  concerned ;  for  executive  officers  under  the 
chief  magistrate  are  but  his  agents,  and  entirely  under  his 
direction  and  control.  But  when  this  power  is  exercised, 
in  the  removal  of  subordinate  executive  officers,  merely  for 
party  politics,  it  is  extremely  doubtful  whether  it  be  agree- 
able to  the  spirit  of  the  Constitution,  or  for  the  welfare  of 
the  people,  or  the  preservation  of  liberty.  And  whenever 
such  power  is  displayed,  in  wantonness  or  caprice,  or  for 
party  purposes,  the  chief  magistrate  and  his  advisers  may 
expect  to  be  visited  with  an  expression  of  the  honest  indig- 
nation of  a  virtuous  people. 

At  the  first  session  of  Congress,  a  proposition  was  offered, 
for  fixing  on  a  place,  as  a  permanent  seat  of  the  federal 
government,  and  for  the  future  meetings  of  the  legislature 
of  the  Union.  Several  places  were  proposed,  as  Trenton 
in  New  Jersey,  Philadelphia,  Germantown,  the  east  bank 
of  the  Susquehanna  river,  also  the  west  side  in  Maryland, 
Wilmington  in  the  State  of  Delaware,  and  the  eastern  bank 
of  the  Potomac.  The  subject  excited  much  interest,  and 
was  discussed  several  days,  though  other  business  of  far 
greater  immediate  importance  was  before  Congress.  The 
plan  included  a  territory  of  ten  miles  square,  to  be  under 
the  jurisdiction  of  Congress,  whenever  it  might  be  decided 
to  erect  buildings  for  the  convenience  of  Congress  and  the 
officers  of  the  general  government.  But  no  decision  was 
had  on  the  subject  at  the  first  session :  the  Senate  voted 
to  postpone  it. 

Some  time  was  also  occupied  in  preparing  and  discussing 
the  bill  for  compensation  to  the  President  and  Vice  Presi- 
dent, members  of  the  Senate  and  House  of  Representatives, 
the  heads  of  departments,  collectors,  controllers,  auditors 
and  other  officers  under  the  Secretary  of  the  Treasury,  &c. 
The  members,  generally,  from  the  eastern  States,  were  op- 
posed to  high  salaries,  or  large  compensation.  In  these 
States  public  officers  received  moderate  salaries,  the  people 


1789]  WASHINGTON.  25 

were  economical,  and  would  probably  complain  if  the  com- 
pensation was  much  greater  than  had  been  allowed  to  their 
State  rulers  and  judges.  The  southern  members  were  in 
the  habit  of  a  more  expensive  mode  of  living;  and  they 
contended,  that  now,  in  time  of  peace,  and  patriotism  not 
requiring  personal  sacrifices,  and  the  public  service  inter- 
fering almost  wholly  with  other  lucrative  employment,  it 
was  proper  to  allow  a  decent  support.  The  Senate  also  in- 
sisted that  their  pay  should  be  more  than  that  of  the  Rep- 
resentatives. But  the  proposed  discrimination  was  not 
adopted  by  the  House.  The  salary  of  the  President  was 
fixed  at  twenty-five  thousand  dollars  per  annum,  and  so  re- 
mains to  the  present  period.  The  Vice  President's  was  five 
thousand  dollars  per  annum,  and  still  continues  the  same. 
The  salaries  of  the  Judges  and  of  the  heads  of  departments 
have  been  increased  since  first  voted,  in  1789,  about  thirty- 
three  per  cent.  The  compensation  for  Senators  and  Rep- 
resentatives was  fixed  at  six  dollars  per  diem ;  and  after- 
wards, in  1818,  was  raised  to  eight  dollars  ;  and  this  sum 
they  still  receive  for  their  daily  pay. 

The  form  of  an  oath  was  prescribed  by  law,  early  in  this 
session  of  Congress,  to  be  taken  by  all  the  federal  officers, 
and  by  members  of  the  legislature  of  the  Union,  in  which 
they  were  to  swear  or  affirm  solemnly  to  support  the  Consti- 
tution of  the  United  States  :  But  no  religious  test  was  im- 
posed ;  nor  did  the  Constitution  require  it ;  and  one  of  the 
amendments  to  that  instrument  expressly  provided  that 
Congress  should  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof.  This 
important  subject  belongs  solely  to  the  power  and  will  of 
the  majority  in  the  respective  States,  and  they  have  wisely 
declined,  of  late,  to  interfere  in  so  delicate  and  difficult  a 
subject.  In  several  States,  however,  there  are  laws  against 
blasphemy,  and  rendering  those  liable  to  punishment  who 
endeavor,  by  public  acts,  to  cast  contempt  on  the  Christian 
religion,  or  by  publications  of  a  libellous  character  on  the 
common  faith  and  worship  of  the  people.* 

*  At  this  session  of  Congress,  by  request  of  the  two  Houses  of  the  federal 
Legislature,  the  President  recommended  a  day  for  public  religious  service  and 
thanksgiving.  The  motion  for  this  request  was  made  by  Elias  Bowdoin,  of 
New  Jersey.  When  John  Adams  was  President  he  issued  a  proclamation  for 
a  Fast  throughout  the  Union.  And  all  religious  persons  approved  it,  and  ob- 
served the  day  in  a  religious  manner.  But  many  truly  pious  Christian  people 
were  of  opinion  that  such  days  should  be  proposed  only  by  the  several  States, 
within  their  own  jurisdiction. 

4 


26  FEDERAL  GOVERNMENT.  [1789 

A  proposition  was  made  to  Congress,  at  this  time,  and  a 
committee  accordingly  appointed,  to  consider  the  propriety 
of  establishing  a  permanent  system  of  bankruptcy  through- 
out the  United  States.  The  importance  of  such  a  system 
was  suggested  and  urged  by  several  members,  but  the  com- 
mittee made  no  report,  and  prepared  no  bill  for  the  purpose, 
during  the  first  session  of  Congress. 

A  law  was  passed  establishing  a  Post  Office  Department ; 
and  it  was  provided  that  the  mail  should  be  carried  from 
Portland,  in  Maine,  to  Savannah,  in  Georgia,  a  distance  of 
fifteen  hundred  miles.  It  was  soon  after  extended  one  hun- 
dred and  fifty  miles  farther  eastward,  in  Maine  ;  and  dif- 
ferent branches  or  routes  were  also  provided  for  conveying 
the  mail  in  various  parts  of  the  country. 

The  territory  in  the  west  and  north  west  part  of  the 
United  States  was  put  under  a  Governor  and  other  neces- 
sary officers,  who  were  appointed  by  the  President  and 
Senate ,  for  the  maintenance  of  peace  and  good  order  in 
that  section  of  the  national  domain,  where  the  people  from 
the  old  States  cease  making  extensive  settlements.  This 
was  the  more  necessary,  as  several  tribes  of  the  native 
Indians  were  living  on  the  territory.  Provision  was  also 
made,  at  this  time,  for  having  troops  in  that  part  of  the 
country,  as  had  been  already  done  by  the  old  Congress, 
for  the  protection  of  the  frontier  settlers.  The  territory 
was  very  extensive,  and  included  all  that  part  of  the  United 
States  which  lies  west  of  Pennsylvania  and  west  and  north 
west  of  Virginia.  A  land  office  was  ordered  to  be  estab- 
lished in  the  territory,  for  the  survey  and  sale  of  the  public 
lands.  The  territory,  though  then  under  one  government, 
included  Ohio,  Indiana,  Illinois,  Michigan,  Wisconsin,  and 
Iowa. 

A  subject  of  very  great  consideration,  which  engaged  the 
attention  of  the  first  Congress,  was  that  of  additional  arti- 
cles, as  amendments  to  the  federal  Constitution.  A  ma- 
jority of  the  States,  which  adopted  the  national  compact, 
proposed  certain  articles  to  be  added  to  it,  as  has  been  al- 
ready observed.  These  indeed  were  not  made  a  condition 
of  their  assent  to  and  support  of  the  Constitution ;  but  they 
were  an  expression  of  their  opinion  in  favor  of  these,  or 
similar  articles.  The  most  of  these  went  to  limit,  or  rather, 
more  clearly  to  define  the  powers  granted  to  the  federal  or 
general  government.  The  powers  delegated  to  Congress 
were  for  general  or  national  purposes ;  and  were  enumer- 
ated in  the  Constitution  :  But  there  was  also  a  clause  added 
to  this  specification,  granting  authority  to  make  all  laws  ne- 


1789]  WASHINGTON.  27 

cessary  and  proper  for  carrying  into  execution  the  several 
powers  particularly  mentioned,  and  all  other  powers  vested 
in  the  government  of  the  U.  States,  by  the  Constitution.  — 
This  clause  was  proper  and  necessary ;  but  those  who 
were  opposed  to  granting  large  powers  to  Congress,  and 
were  jealous  of  State  rights ;  and  aware,  probably,  that 
men  in  power,  are  inclined  to  extend  their  authority  and  to 
claim  more  than  was  meant  to  be  delegated.  —  All  such 
were  desirous  of  limiting  the  powers  of  the  federal  govern- 
ment to  the  specific  purposes  expressed  in  the  Constitution  : 
And  to  reserve  to  the  several  States  all  the  political  author- 
ity not  expressly  granted. 

In  most  of  the  State  Constitutions,  there  was  a  bill  of 
rights,  which  was  designed  to  limit,  in  some  measure,  the 
power  even  of  those  governments  or  legislatures.  To  the 
federal  constitution,  there  was  no  such  declaration  of  rights, 
either  of  the  people  or  of  the  State  governments  ;  and,  from 
the  nature  of  the  federal  government,  being  designed  by  the 
several  States  for  specific  purposes,  many  concluded  that  a 
bill  of  rights  was  unnecessary,  as  whatever  powers  were 
notsclearly  granted  to  Congress,  remained  with  the  respec- 
tive State  governments.  But  a  majority  of  the  people  were 
not  satisfied  with  this  reasoning;  and  additional  articles 
were  therefore  proposed  by  Conventions  in  most  of  the 
States,  when  they  adopted  the  Constitution. 

The  subject  was  justly  deemed  of  great  importance  by 
Congress,  and  early  received  their  close  attention  and  con- 
sideration. Mr.  Madison,  of  Virginia,  first  called  the  atten- 
tion of  Congress  to  the  subject :  and  proposed  various 
amendments,  all  tending  to  limit  or  define  the  powers  of  the 
federal  government.  In  the  course  of  discussion  on  these 
articles,  various  alterations  were  proposed,  and  many  days 
were  occupied  in  the  consideration  of  them,  both  by  the 
House  of  Representatives  and  the  Senate.  Sixteen  articles 
were  finally  approved  by  the  requisite  majority  of  Con- 
gress, *  and  recommended  to  the  several  States  to  be  adopted, 
either  by  the  legislatures  thereof,  or  by  Conventions  called 
expressly  for  the  purpose,  and  chosen  immediately  by  the 
people,  as  were  the  Conventions  for  adopting  the  original 
Constitution,  in  1787  and  1788. 

In  most  of  the  States,  the  proposed  amendments  were 
considered  and  adopted  by  the  legislatures  ;  but  in  a  few 
cases,  Conventions  were  called  for  the  purpose.  Ten  of 
the  articles  proposed  and  recommended  by  Congress — Sep- 

*  The  Constitution  required  two  thirds  of  both  Houses. 


28  FEDERAL  GOVERNMENT.  [1789 

tember,  1789 — were  approved  by  two-third's  of  the  States  ; 
and  thus  became  parts  of  the  federal  Constitution,  of  equal 
authority  and  validity  as  the  original  instrument.  Two 
other  articles  were  added  at  a  later  period,  being  approved 
by  two-thirds  of  the  States  in  the  Union.  The  great  ob- 
ject of  these  amendments  of  the  Constitution  was  to  secure 
the  rights  of  individuals,  on  charge  or  suspicion  of  crimes 
committed  against  the  United  States,  by  treasonable  acts, 
or  violations  of  the  laws  of  Congress  ;  and  to  preserve  to 
the  respective  State  governments  all  the  authority  and 
power  not  clearly  vested  in  the  general  government  by  the 
federal  compact.* 

These  additional  articles  of  the  Constitution  were  highly 
important ;  as  they  served  to  define  the  powers  of  the  fed- 
eral government,  and  to  prevent  its  encroachment  on  the 
rights  of  the  States.  Besides,  the  Constitution,  adopted  by 
the  people  of  the  several  States,  is  the  rule  for  the  federal 
legislature,  the  source  of  their  political  power,  and  to  the 
provisions  of  which  they  are  obliged  to  conform.  It  is  the 
supreme  law  of  the  land,  and  therefore  paramount  even 
to  the  power  of  the  national  legislature  itself.  If  it  were 
not  so,  our  republican  government  would  have  no  more 
stability  than  those  which  have  existed,  for  short  periods, 
in  other  countries.  But  for  the  check  thus  provided,  the 
general  government  might  have  usurped  powers,  not  in- 
tended to  be  granted,  and  injurious  to  the  proper  authority 
of  the  several  States,  by  claiming  a  paramount  or  super- 
vising authority  over  them  in  all  cases.  And  thus  have 
formed  a  national  or  consolidated  government,  which, 
neither  the  framers  of  the  Constitution,  nor  the  States  which 
assented  to  it,  intended  ;  though  they  did  intend  a  consoli- 
dation of  the  Union. 

After  an  adjournment  of  three  months,  the  Congress 
again  met,  on  the  first  of  January,  1790  ;  and  early  in  this 
session,  a  report  was  made  by  the  Secretary  of  the  Treas- 
ury, in  conformity  to  an  order  of  the  House  of  Representa- 
tives before  the  adjournment.  This  report  related  to  the 
financial  concerns  of  the  United  States,  its  resources,  and 
the  means  for  supporting  the  public  credit,  and  gradually 
paying  the  public  debt ;  to  the  probable  receipts  and  ex- 
penditures of  the  year  then  commenced,  and  also  for  future 

*  Amendments  proposed  by  some  States,  but  deemed  of  minor  importance, 
were  not  recommended  by  Congress  ;  for  they  were  numerous,  and  probably 
would  have  been  rejected  by  most  of  the  legislatures.  The  New  York  Con- 
vention had  proposed  to  limit  the  term  of  the  presidential  service  to  four 
years.     A  proposition  often  since  made,  in  and  out  of  Congress. 


1790]  WASHINGTON.  29 

years ;  and  to  the  policy  of  fostering  domestic  manufac- 
tures. In  the  public  opinion,  it  discovered  uncommon 
ability  and  research,  extensive  knowledge  of  the  financial 
policy  and  laws  of  European  nations,  and  of  the  future 
prosperity  of  the  United  States,  which  might  justly  be  an- 
ticipated, under  a  wise  and  provident  administration. 

In  this  report  from  the  Secretary  of  the  Treasury,  the 
public  debt  was  stated  to  be  but  seventy  millions  of  dollars ; 
a  less  sum  than  was  supposed  by  a  committee  of  Congress 
at  the  first  session  :  and  the  proceeds  from  imposts  and 
tonnage,  .$2,170,000.  It  was  proposed  to  raise  a  revenue 
also  from  an  inland  excise,  which  it  was  estimated  would 
yield  more  than  a  million  and  a  half.  A  plan  was  pre- 
sented for  a  new  tariff  of  duties  on  imported  goods,  to  be 
fixed  at  a  higher  rate ;  and  it  intimated  that  the  foreign 
debt  would  admit  of  a  less  interest  than  had  been  pre- 
viously allowed.  A  loan  of  twelve  millions  was  also  re- 
commended, to  meet  the  immediate  demands  on  the  United 
States,  as  necessary  to  sustain  the  public  credit.  It  was 
further  proposed  in  the  report,  that  the  public  debt  should 
be  funded,  and  the  debts  of  the  several  States,  incurred  for 
the  general  defence,  in  the  time  of  the  Revolution,  should 
be  assumed  by  the  United  States. 

In  the  speech  of  the  President  to  Congress,  at  the  begin- 
ning of  the  second  session,  he  referred  to  several  subjects  of 
a  public  nature,  which  he  deemed  worthy  of  particular 
consideration  at  that  time,  as  the  Constitution  had  made  it 
his  duty.  After  noticing  the  state  of  general  prosperity, 
and  the  approbation  expressed  by  the  people,  of  the  meas- 
ures adopted  at  the  former  session  of  the  federal  legislature, 
for  the  relief  and  benefit  of  the  country,  it  was  necessary, 
he  said,  to  provide  for  the  common  defence.  "  To  be  pre- 
pared for  war,  was  one  of  the  most  effectual  means  to  pre- 
vent it."  He  recommended,  that  provision  be  made  by 
law  for  arming  and  disciplining:  the  militia,  as  the  Consti- 
tution authorized ;  and  that  particular  attention  be  given 
to  manufactures ;  especially  such  as  would  render  us  inde- 
pendent, for  military  and  other  essential  supplies,  of  foreign 
nations.  He  observed  that  pacific  measures  would  be 
adopted  towards  the  native  Indians,*  within  the  limits  of 

*  Under  the  administration  of  Washington,  the  policy  of  the  federal  gov- 
ernment was  just  and  proper.  He  knew  their  peculiar  character  ;  and  while 
he  sought  to  cultivate  peace  with  them,  and  to  treat  them  according  to  the 
principles  of  equity  and  justice,  he  considered  it  necessary  to  provide  against 
their  depredations  by  a  military  force  on  the  western  frontier.  He  therefore 
early  endeavored  to  secure  their  friendship  by  treaties.     But  when  the  Indians 


30  FEDERAL  GOVERNMENT.  [1790 

the  United  States ;  but  that  it  would  be  necessary  imme- 
diately to  provide  means  of  protection  to  the  inhabitants  in 
their  vicinity;  and  that  provision  should  be  made  for 
maintaining  a  diplomatic  intercourse  with  foreign  nations, 
for  the  honor  and  peace  of  the  United  States.  He  also 
suggested  the  importance  of  a  uniform  rule  of  naturaliza- 
tion ;  and  of  uniformity  in  the  currency,  and  of  weights  and 
measures,  through  the  United  States.  The  facility  of  inter- 
course between  distant  parts  of  the  country,  by  means 
of  Post  Offices,  and  Post  Roads,  and  the  encouragement 
of  useful  inventions  and  of  science,  were  likewise  urged 
upon  the  attention  of  Congress.*  The  answer  to  the  speech 
of  the  President,  both  of  the  Senate,  and  of  the  House  of 
Representatives,  expressed  sentiments  of  entire  approbation 
of  his  official  acts,  and  of  the  plans  and  objects  of  a  po- 
litical nature,  which  he  recommended.  And  the  subjects 
suggested  in  the  address,  received  the  immediate  attention 
of  the  national  legislature,  and  were  referred  to  committees 
for  consideration.  The  report  of  the  Secretary  was  also 
referred  to  committees,  and  a  strong  desire  manifested  to 
consider  his  suggestions  for  modifying  the  revenue  law, 
which  was  passed  at  the  first  session ;  and  for  rendering 
it  more  productive  and  more  equable  in  its  operation. 

A  report  was  early  made  respecting  the  Indian  tribes  in 
the  United  States :  and  on  this  occasion  the  House  of  Rep- 
resentatives sat  with  closed  doors ;  which  was  the  occasion 
of  some  complaint ;  as  if  Congress  proposed  and  were  ma- 
turing some  improper  measures.  But  it  soon  died  away, 
from  the  confident  belief  that  the  members  were  so  wise 
and  patriotic,  as  to  guaranty  the  propriety  and  rectitude  of 
their  plans.  It  was  thought  proper  to  prepare  an  armed 
force  for  the  safety  of  the  inhabitants  then  settled  and  set- 
tling on  the  Ohio  river,  in  such  manner  as  to  give  as  little 
alarm   as  possible   to   the   Indian   tribes.      Major-general 

appeared  in  a  threatening  and  hostile  attitude,  he  promptly  prepared  to  check 
their  inroads  into  our  territory,  by  arms.  At  this  period,  there  was  reason  to 
believe,  that  several  tribes  were  instigated  to  commit  depredations  on  people 
within  the  United  States,  by  the  British  in  Canada  ;  who  then  still  held  pos- 
session of  some  forts  in  the  west,  ceded  to  the  United  States  by  the  treaty  of 
peace,  in  1783.  It  cannot,  perhaps,  be  justly  denied,  that  in  some  cases,  the 
savages  had  reason  to  complain  of  encroachments  and  unjust  treatment,  on 
the  part  of  the  citizens  of  the  United  States  ;  and  were  provoked  to  acts  of 
cruelty  or  retaliation  from  a  natural  spirit  of  revenge. 

*  The  President  proceeded  to  the  Senate  chamber  on  the  second  day  of 
the  session,  when  the  members  of  the  House,  by  his  request,  attended,  and 
made  the  speech  in  person,  as  he  did  also  when  he  first  met  Congress,  after 
his  induction  into  office.  On  this  occasion  his  dress  was  of  American  manu- 
facture. 


1790]  WASHINGTON.  31 

St.  Clair  was  then  commanding  in  that  section  of  the  coun- 
try ;  and  it  was  deemed  important  to  strengthen  him  by- 
additional  troops.  Humanity  weeps  at  the  recollection  of 
the  degraded,  and  sometimes  injured  savages  of  the  wil- 
derness ;  but  the  earth  was  made  to  be  cultivated ;  and  the 
peaceable  tenants  of  the  soil  should  be  protected  in  their 
labors. 

Agreeably  to  the  suggestions  of  the  President,  provision 
was  made  for  maintaining  diplomatic  intercourse  with  sev- 
eral nations  of  Europe ;  and  a  law  was  also  enacted  for  a 
uniform  system  of  naturalization  throughout  the  United 
States.  Ministers  were  early  sent  to  the  court  of  Great 
Britain,  France,  Spain,  and  Portugal,  and  afterwards  to 
Holland,  to  Russia,  and  to  Prussia.  Under  the  old  Con- 
gress, ministers  from  the  United  States  had  resided  at  most 
of  those  courts. 

The  report  of  the  Secretary  of  the  Treasury,  relating  to 
the  fiscal  concerns  of  the  country,  presented  important 
plans  and  measures  for  the  consideration  of  Congress. 
And  though  the  report  was  finally  approved,  as  to  its  prin- 
ciples and  outlines,  much  time  was  consumed  in  the  exam- 
ination of  its  details.*  The  proposition  to  make  a  differ- 
ence between  domestic  and  foreign  creditors,  as  well  as  be- 
tween the  original  and  the  (then)  present  holders  of  evi- 
dence of  debt  against  the  government,  though  urged  with 
much  zeal  and  some  plausibility,  did  not  receive  the  sanc- 
tion of  the  majority  in  Congress  ;  for  it  was  believed,  that 
the  honor  of  the  government,  and  the  principles  of  good 
faith,  which  should  govern  in  pecuniary  affairs,  required 
that  the  holders  of  public  securities  should  be  paid  without 
exception  or  distinction.! 

As  proposed  by  the  Secretary  of  the  Treasury,  in  his  re- 
port to  Congress,  1790,  the  payment  of  four- fifths  of  the 
debts  of  each  State,  incurred  in  the  war  of  the  Revolution, 
for  the  general  defence,  was  assumed  by  the  federal  gov- 
ernment. Justice  and  good  policy  alike  demanded  this 
measure ;  for  Congress  had  the  entire  control  of  the  reve- 
nue arising  from  commerce  and  navigation  ;  and  this  pow- 

*  There  were  different  modes  or  principles  of  discrimination  among  the 
public  creditors  suggested.  That  advocated  by  Mr.  Madison  was  the  least 
exceptionable,  but  it  did  not  prevail.  Mr.  Ames  opposed  it  in  a  very  able  and 
convincing  manner. 

t  The  Secretary  of  the  Treasury,  in  his  report,  estimated  the  public  debt  at 
little  less  than  a  Committee  of  the  House  had,  at  the  first  session,  and  the 
annual  expenses  of  government  and  interest  of  the  debt  at  three  and  a  half 
millions. 


32  FEDERAL  GOVERNMENT.  [17Q0 

er  was  granted  by  the  Constitution  for  the  express  purpose 
of  paying  off  the  public  debt.  Some  States  had  advanced 
more  than  their  just  proportion  in  the  expenses  of  the  war. 
On  inquiry,  it  was  ascertained,  that  several  had  claims  on 
the  general  government,  for  a  balance  due,  or  an  excess 
over  their  proportion ;  and  that  others  had  not  expended 
their  full  and  just  share.  The  amount  thus  assumed  by 
Congress,  was  twenty-one  millions  and  a  half;  which  was 
nearly  half  as  much  as  the  general  government,  or  old  con- 
tinental Congress  had  directly  contracted.  South  Carolina 
and  Massachusetts  were  the  largest  claimants  on  the  fed- 
eral government  for  balances  in  their  favor.*  The  assump- 
tion of  the  debts  contracted  by  the  several  States  during 
the  war,  for  the  welfare  of  all,  was  not  agreed  to,  however, 
without  warm  opposition.  And,  in  one  stage  of  the  bill  for 
the  purpose,  the  majority  voted  against  it.  But  the  justice 
of  the  measure  was  so  fully  shown,  that  it  finally  prevailed, 
and  an  act  of  Congress  was  passed  for  that  object,  in  Au- 
gust, 1790. 

The  military  establishment  of  the  United  States  was,  at 
the  second  session  of  first  Congress,  fixed  at  twelve  hun- 
dred men,  and  to  be  enlisted  for  three  years ;  to  consist  of 
three  battalions  of  infantry,  and  one  of  artillery  ;  and  by 
the  same  law,  the  President  of  the  United  States  was  au- 
thorized to  call  into  service,  such  part  of  the  militia  of  any 
State,  as  he  should  judge  necessary,  to  aid  the  regular 
troops  in  protecting  the  people  on  the  frontiers. 

In  the  month  of  July,  of  this  session,  an  act  was  passed, 
providing  for  the  permanent  seat  of  the  government  of  the 
United  States,  on  the  banks  of  the  Potomac,  including  a 
tract  of  land  of  ten  miles  square ;  a  part  of  which  was 
with  in  the  State  of  Maryland,  and  a  part  in  Virginia.  And 
in  the  act  of  acceptance  of  the  territory,  it  was  also  pro- 
vided, "that  tba  operation  of  the  laws  of  the  State  within 
such  district  or  territory,  should  not  be  affected  by  the  ces- 
sion, till  the  time  fixed  for  the  removal  of  the  government 
thereto,  and  until  Congress  should  otherwise  provide  by 
laiD?1 

During  the  second  session  of  this  Congress,  several  pe- 
titions were  presented  on  the  subject  of  slavery ;  which 
were  subscribed  chiefly  by  the  people  called  Quakers,  and 
citizens  of  Pennsylvania.     Dr.  Franklin's  name  was  at  the 


*  During  the  whole  war,  Massachusetts  supplied  one-fifth  of  the  continental 
army,  and  some  part  of  it  nearly  one-fourth  ;  and  generally  had  State  troops 
out  to  guard  her  coasts  of  500  miles. 


1790]  WASHINGTON.  33 

head  of  one  of  these  memorials.  There  was  some  opposi- 
tion to  have  them  considered  at  all,  as  the  subject  did  not 
belong  to  Congress,  and  was  solely  within  the  jurisdiction 
of  the  several  State  governments.  The  subject,  however, 
was  discussed  at  various  times,  and  a  report  was  finally 
made  and  adopted,  though  by  a  small  majority,  in  sub- 
stance as  follows:  That  the  general  government  is  re- 
strained from  prohibiting  the  importation  of  slaves  before 
the  year  1808  ;  that,  by  fair  construction,  Congress  is  also 
restrained  from  interfering  in  the  emancipation  of  slaves, 
who  already  are,  or  may,  within  that  period,  be  imported 
into,  or  born  within  any  of  the  States  ;  that  Congress  have 
authority  to  interdict  or  regulate  the  African  trade,  so  far 
as  relates  to  citizens  of  the  United  States  supplying  for- 
eigners; and  to  make  provision  by  law  for  the  humane 
treatment  of  slaves  :  and  that  the  federal  government  has 
power  also  to  prohibit  foreigners  from  fitting  out  vessels, 
in  any  ports  of  the  Union,  for  that  traffic. 

Some  of  the  members  from  the  South  said  they  should 
consider  their  States  undone,  if  any  interference  took  place, 
as  to  the  subject,  and  warmly  opposed  any  action  of  the 
federal  government ;  but  other  members  contended  that 
humanity,  justice,  and  good  policy  required  something  to 
be  devised  to  alleviate  the  condition  of  the  unfortunate 
Africans.  Still,  many  individuals,  as  humane  as  they 
were  enlightened,  thought  that  any  great  interference  with 
slavery  would  endanger  the  Union,  and  that  the  Constitu- 
tion did  not  authorize  it. 

An  act  was  passed  by  the  first  Congress,  in  April,  1790, 
to  promote  the  progress  of  the  useful  arts,  which  secured 
to  the  inventors  of  any  machine,  engine,  art,  or  manufac- 
ture, the  sole  right  to  the  use,  and  sale  of  a  right  to  use, 
such  invention.  This  was  considered  an  important  law ; 
and  it  operated  as  a  stimulus  to  various  inventions,  highly 
beneficial  to  society.  In  June,  of  the  same  year,  a  law  of 
Congress  was  passed,  securing  to  authors  and  publishers 
of  books,  the  exclusive  right  to  print  and  sell  such  works 
for  a  number  of  years.  The  law  was  similar  to  those  in 
force  in  England,  and  other  countries  in  Europe. 

In  July,  1790,  during  the  second  session  of  the  first 
Congress,  provision  was  made  by  law  for  the  debt  of  the 
United  States ;  in  a  great  measure  conformably  to  the 
recommendation  of  the  Secretary  of  the  Treasury ;  which 
was,  in  fact,  for  payment  of  the  national  debts,  by  a  fund- 
ing system,  (usually  so  called,)  and  by  loans.  The  law 
authorized  new  loans;  and  the  creditors  of  the  United  States 
5 


34  FEDERAL  GOVERNMENT.  [1790 

were  invited  to  subscribe,  and  to  pay  for  the  sum  sub- 
scribed in  their  securities  or  notes  of  a  former  date.  In- 
terest was  allowed  on  the  new  stock  thus  created  by  the 
loan  subscribed  to  ;  and  a  part  of  the  principal  to  be  paid 
at  certain  periods  in  future.  Some  of  the  stock  bore  an 
interest  of  six  per  cent.,  and  some  only  three.  The  Presi- 
dent was  authorized  to  borrow  twelve  millions  of  dollars, 
on  the  credit  of  the  United  States,  to  meet  demands  or  part 
of  demands  already  due,  and  the  interest  due  to  the  public 
creditors. 

During  this  Congress,  provision  was  made  for  a  gradual 
reduction  of  the  public  debt,  by  paying  it  in  annual  instal- 
ments, at  an  early  period ;  so  anxious  were  the  members 
of  laying  a  foundation,  or  preparing  a  plan,  for  this  im- 
portant purpose.  But  both  on  the  question  of  funding  the 
public  debt,  and  of  assuming  the  debts  of  the  several 
States,  a  warm  discussion  took  place,  which  continued 
many  days,  and  called  forth  the  abilities  of  the  distin- 
guished members  of  Congress.  It  was  not  wholly  of  a 
sectional  character ;  and  political  parties  were  not  then 
formed  :  but  different  views  were  expressed ;  and  the  mem- 
bers from  those  States,  which  had  advanced  the  least  in 
the  war  of  the  Revolution,  were  the  most  opposed  to  these 
propositions.  The  majority  of  the  House  was,  at  one 
time,  against  adopting ;  but  the  Senate  was  in  favor  of  the 
measure,  and  the  House  finally  yielded,  by  a  small  major- 
ity. Had  not  these  measures  been  adopted,  the  conse- 
quences might  have  been  most  unhappy  for  the  welfare  of 
the  Union.  For  the  funding  system  was  necessary  to  re- 
vive and  support  the  credit  of  the  country ;  and  the 
assumption  of  the  State  debts  was  equally  necessary  to  do 
justice  to  those  States,  which  expended  most  largely  and 
suffered  most  severely,  in  the  contest  for  liberty  and  inde- 
pendence. Sedgwick,  Gerry,  and  Ames,  of  Massachusetts, 
were  very  eloquent  on  this  occasion,  and  declared  that  the 
federal  government  would  fail  essentially  in  providing  a 
remedy  for  existing  evils,  and  in  securing  justice  to  the 
States,  which  was  the  express  design  of  its  establishment, 
unless  the  debts  of  the  States  were  assumed,  and  prompt 
measures  adopted  for  payment  of  the  public  debt. 

Several  members  of  the  first  Congress  had  been  delegates 
in  the  Convention  which  formed  the  federal  Constitution, 
as  Strong,  Gerry,  Sherman,  Langdon,  Gilman,  Carroll, 
King,  Clymer,  Fitzsimons.  Morris,  Bassett,  Reed,  McHen- 
ry,  Butler,  Few,  and  Baldwin.  Among  the  most  distin- 
guished and  active  members  of  the  House  of  Representa- 


1790]  WASHINGTON.  35 

tives,  as  appears  from  the  debates  and  proceedings  which 
have  been  preserved,  were  Livermore  « ;  Ames,  Goodhue, 
Gerry,  Sedgwick  h ;  Sherman,  Trumbull,  Wadsworth  c  ; 
Benson,  Lawrence  d ;  Boudinot e ;  Muhlenburg,  Hartley, 
Fitzsimons^;  Vining  *  ;  Contee,  Smith,  Stone  h ;  Madison, 
Page,  Lee,  Bland,  Moore,  Parker ' ;  Burke,  Huger,  Smith, 
Sumpter*;  Baldwin,  Jackson.' 

The  federal  government  may  be  justly  considered  a  new 
political  era  in  the  United  States.  A  great  change  was 
effected  by  its  influence,  through  the  whole  country ;  which 
proved  highly  auspicious  to  the  interests  and  welfare  of  all 
classes  of  people.  The  advantages  of  Independence  were 
now  fully  perceived ;  and  the*  blessings  of  civil  liberty, 
happily  realized.  And  it  is  difficult  to  imagine  even,  the 
divisions,  disorders,  and  misery  which  would  have  ensued, 
if  the  federal  Constitution  had  not  been  adopted,  and  the 
general  government  formed  at  that  period.  The  common 
external  dangers  which  had  united  the  several  States,  and 
pressed  them  together  in  concert  and  action,  had  ceased, — 
and  the  unsettled  condition  of  the  American  people  gave 
indications  of  as  great  evils,  as  had  been  endured  in  the 
war  of  the  Revolution.  The  federal  government  was  estab- 
lished by  the  wisdom  and  patriotism  of  that  critical  period ; 
and  thus  a  remedy,  and  the  means  of  safety  and  prosperity 
were  happily  provided. 

There  was  a  third  Session  of  the  first  Congress,  which 
was  held  in  the  city  of  Philadelphia,  on  the  first  Monday 
of  December,  1790 ;  when  much  remained  to  be  done,  to 
perfect  the  operations  of  the  federal  government,  or  to  ac- 
complish all  the  purposes  it  was  designed  to  effect.  At  the 
two  former  meetings,  Congress  had  been  diligent  and  faith- 
ful in  setting  the  great  political  machine  in  motion ;  but 
time  could  not  fail  to  discover  some  defects,  or  some  omis- 
sions, which  it  was  necessary  to  remedy  and  to  supply. 
Several  laws,  passed  at  the  former  sessions,  as  that  of  estab- 
lishing Judicial  Courts,  and  those  for  raising  and  collecting 
the  revenue,  were  altered  at  this.  The  first  new  State 
formed  by  the  federal  government  was  that  part  of  Vir- 
ginia, called  the  District  of  Kentucky  ;  and  Congress  gave 
its  consent  to  the  application  for  that  purpose,  (an  Act  of 
Virginia  having  also  passed  in  favor  of  the  measure,) 
in  February,  179L     And  Kentucky  then  became  one  of  the 

a  New  Hampshire,  b  Massachusetts,  c  Connecticut,  d  New  York. 
€  New  Jersey.  /  Pennsylvania,  g  Delaware,  h  Maryland,  i  Virginia. 
k  South  Carolina.     I  Georgia. 


36  FEDERAL  GOVERNMENT.  [17Q1 

States  in  the  Union,  with  all  the  powers  and  rights  of  the 
original  members.  A  few  days  later,  Congress  passed  an 
Act  for  the  admission  of  the  State  of  Vermont  into  the 
Union.  The  latter,  however,  was  to  be  considered  as  one 
of  the  States  in  March,  then  next  following ;  but  Kentucky 
not  until  June,  1792.  Parts  of  Vermont  had  been  settled 
long  before  that  period,  and  had  sent  commissioners,  the 
year  before,  to  Congress,  to  make  application  for  that  pur- 
pose. The  Constitution  provides  for  the  admission  of  new 
States  into  the  Union  by  Congress ;  requiring,  however,  the 
consent  of  the  Legislature  of  a  State,  within  whose  juris- 
diction, the  additional  State  is  to  be  formed,  or  created. 
Kentucky  being  within  a  part  of  the  State  of  Virginia,  her 
consent  was  necessary  to  the  admission  of  that  State  ;  but 
Vermont  was  not  strictly  within  the  jurisdiction  of  any 
other  State,  although  New  Hampshire  had  claimed  to  have 
a  right  to  a  part  of  the  territory :  and  therefore  the  con- 
sent of  any  other  individual  State  was  not  necessary  to  her 
admission  into  the  Union.  In  February,  1791,  an  Act  was 
passed  by  Congress  "  to  give  effect  to  the  laws  of  the  federal 
government  within  the  State  of  Vermont." 

One  of  the  most  important  Acts  of  Congress  at  this  session, 
which  was  necessarily  terminated  the  third  of  March,  1791, 
was  that  for  establishing  a  Bank  of  the  U.  States  :  This  was 
important,  in  a  practical  view,  to  give  efficiency  to  the  fiscal 
concerns  both  of  the  federal  government  and  to  individual 
enterprise,  especially  in  commercial  pursuits ;  and  also  as 
to  a  great  constitutional  question, — the  right  of  the  general 
government  to  form  and  incorporate  such  an  institution. 
The  reasons  given  for  the  incorporation  of  the  Bank  were, 
"  that  it  would  be  conducive  to  the  successful  conducting  of 
the  national  finances,  tend  to  afford  facilities  to  the  obtain- 
ing of  loans,  for  the  benefit  of  government,  in  sudden  emer- 
gencies, and  be  productive  of  great  advantages  to  the  trade 
and  industry  of  the  country."  The  preamble  further 
states,  "  that  the  bank  should  be  on  a  foundation  suffi- 
ciently extensive  to  answer  the  purposes,  intended  by  it  ; 
and,  at  the  same  time,  on  principles  which  might  afford 
adequate  security  for  an  upright  and  'prudent  administration 
thereof"  Notwithstanding  the  great  objections  then,  and 
since,  at  various  times,  made  to  a  Bank  of  the  United 
States,  it  would  seem  to  be  highly  expedient ;  alike  useful  to 
the  government  and  to  individual  enterprise,  as  asserted, 
and  as  generally  believed  ;  still  it  is  most  important,  that  its 
administration  and  management  should  be  in  all  prudence 
and  uprightness ;  and  not  for  the  benefit  of  a  few ;  nor, 


1791]  WASHINGTON.  37 

more  than,  all,  for  electioneering,  and  party  purposes.  It 
is  in  the  abuse  and  perversion  of  such  an  institution,  that 
it  can  be  an  evil,  either  to  government  or  to  the  people. 

.  This  act  of  incorporation  for  a  Bank  of  the  United 
States,  was  for  the  period  of  twenty  years ;  and  the  capital 
was  to  be  ten  millions  of  dollars.  There  were  to  be  twen- 
ty-five shares,  of  four  hundred  dollars  a  share.  Three- 
fourths  of  the  amount  of  shares  subscribed  for,  were  paya- 
ble in  evidences  of  the  public  debt,  which  had  been  loaned 
agreeably  to  a  previous  Act  of  Congress.  The  President 
of  the  United  States  was  authorized  to  subscribe  two  mil- 
lions of  the  capital  stock  on  behalf  of  the  general  govern- 
ment. The  Bank  was  to  be  located  in  Philadelphia ;  but 
branch  banks  were  provided  for  in  other  parts  of  the  United 
States,  as  the  directors  should  think  proper,  for  the  purpose 
of  discounting  and  deposites. 

As  the  chief  executive  officer  of  the  general  govern- 
ment, Washington  was  most  faithfully  attentive  to  every 
subject  relating  to  the  welfare  and  the  rights  of  the  United 
States.  At  an  early  period  of  his  presidency,  he  remon- 
strated against  the  British  in  holding  some  forts  within  the 
national  territory,  which  they  had  occupied  during  the 
war,  but  which  the  treaty  of  peace  of  1783,  stipulated 
should  be  given  up,  and  abandoned  by  the  British  troops. 

In  February,  1791,  he  sent  a  message  to  Congress,  in 
which  he  says,  "  that  soon  after  I  was  called  to  administer 
the  government,  I  found  it  important  to  come  to  an  under- 
standing with  the  Court  of  London,  on  several  points  inter- 
esting to  the  United  States;  and  particularly  to  know,  if 
they  were  disposed  to  enter  into  arrangements  by  mutual 
consent,  which  should  fix  the  commerce  of  the  two  nations 
on  principles  of  reciprocal  advantage.  For  this  purpose,  I 
have  authorized  informal  conferences  with  their  ministers ; 
but  do  not  discover  any  disposition,  on  their  part,  to  enter 
into  any  arrangements  merely  commercial.  This  informa- 
tion I  have  thought  proper  to  communicate,  as  it  may  have 
some  influence  on  your  deliberations."  It  was  publicly 
rumored  and  believed,  that,  after  the  system  of  duties 
on  goods  and  articles  imported  from  Great  Britain  or  her 
colonies  was  established  by  Congress,  the  British  ministry 
made  propositions  to  bind  the  federal  government  not  to 
raise  these  duties ;  but  offering  no  proper  commercial  ben- 
efits, as  reciprocal,  these  were  not  accepted  by  the  Amer- 
ican administration.  Soon  after  the  Message  of  the  Presi- 
dent, an  Act  of  Congress  was  passed  prohibiting  the  im- 
portation of  goods  and  products,  except  in  vessels  belonging 


38  FEDERAL  GOVERNMENT.  [1791 

to  the  United  States,  or  in  such  as  belonged  to  the  country, 
of  which  such  goods,  or  products,  were  the  growth  or 
manufacture  ;  or  in  ships  of  such  countries  as  permitted 
the  vessels  of  the  United  States  to  carry  goods  and  products 
not  the  manufacture  or  growth  of  the  United  States  ;  and 
additional  duties  were  also  imposed,  in  cases  where  shipped 
at  places  from  which  the  vessels  of  the  United  States  were 
excluded  to  make  exports. 

In  March,  1791,  Congress  resolved  to  establish  a  mint  for 
the  purpose  of  a  national  coinage ;  and  the  following  year, 
it  was  ordered,  "  that  the  establishment  should  be  at  the  seat 
of  the  federal  government,  for  the  time  being."  The  di- 
rector, assayer  and  chief  coiner,  were  to  be  subject  to  such 
regulations  as  Congress  might  order  and  require.  The 
coins  to  be  struck  and  issued  were, — of  gold,  eagles,  of  the 
value  of  ten  dollars — half-eagles,  quarter-eagles  ;  of  silver, 
dollars  of  the  same  value  as  Spanish-milled  dollars — then 
current  in  the  United  States, — half-dollars,  quarter-dollars ; 
dimes,  of  the  value  of  one  tenth  of  a  dollar,  half-dimes  ;  and 
cents  of  the  value  of  one  hundredths  of  a  dollar,  and  half- 
cents. 

It  required  no  ordinary  abilities  and  wisdom,  to  put  the 
new  government  in  successful  operation.  The  nature  of 
the  government  was  in  some  respects  peculiar.  Its  powers 
were  to  be  exercised  strictly,  or  fairly,  according  to  the 
Constitution ;  and  it  was  difficult  to  discriminate,  in  all 
cases,  between  the  power  of  the  general  and  of  the  State 
governments.  The  States  were  jealous,  and  justly  so,  per- 
haps, of  the  federal  government,  fearing  it  would  assume 
authority  not  given  it  by  the  compact ;  and  might  there- 
fore sometimes  complain  without  just  cause. 

President  Washington  would  not  designedly  assume 
power  not  delegated ;  nor  would  he  fear  to  exercise  the 
authority  granted,  and  necessary  for  the  general  good,  by 
the  clamors  of  the  ignorant  or  discontented.  As  in  organ- 
izing and  commanding  the  army  of  the  United  States,  in 
1775 — 1783,  he  had  almost  to  create,  and  manifested 
equal  decision  and  moderation ;  so,  in  using  the  power 
given  to  the  chief  magistrate  of  the  Union,  he  was  alike 
firm  and  prudent ;  and,  with  the  aid  of  the  first  Secretary 
of  the  Treasury,  raised  the  prostrate  credit  of  the  country, 
and  gave  an  impulse  to  the  government,  which  was  long 
felt,  and  which  produced  a  state  of  unexpected  national 
prosperity  and  respectability.* 

*  During  this  session,  by  recommendation  of  the  President,  Congress  or- 
dered another  regiment  of  men  to  be  raised,  for  the  public  service,  to  recruit 
the  troops  then  in  the  field  ;  which  amounted  to  only  1200. 


1791] 


WASHINGTON. 


CHAPTER  II. 

Second  Congress,  October,  1791.  Closed  Doors.  Of  Senate.  Indian  Hostil- 
ities. Public  Finances.  Additional  Duties.  Excise.  Militia  System.  Power 
of  the  Federal  Government  over  the  Militia.  Cessions  of  Land  to  the  United 
States  by  individual  States.  United  States  troops  under  General  St.  Clair  De- 
feated. Treaties  with  Indians,  and  Efforts  to  have  Peace  with  them.  British 
hold  Forts  in  the  Northwest.  Message  of  President,  October,  1791.  Com- 
plaints of  British  Aggressions.  Petitions  against  Slavery,  1792.  Fisheries. 
Number  and  Apportionment  of  Federal  Representatives  ;  Opinion  of  Wash- 
ington on  the  subject.  Negotiation  with  Great  Britain.  Her  Restrictions  on 
American  Commerce. 

The  Second  Congress  met  at  Philadelphia,  on  the  24th  of 
October,  1791.  The  time  designated  by  the  Constitution 
for  the  assembling  of  every  new  Congress,  was  December, 
unless  some  other  time  should  be  appointed  by  a  law  of  the 
federal  Legislature.  There  was  much  urgent  business  be- 
fore the  first  Congress,  at  its  last  session,  which  terminated 
on  the  third  of  March,  by  an  express  provision  in  the  Con- 
stitution ;  and  therefore  October  was  fixed  for  the  meeting 
of  the  next  Congress.  A  great  proportion  of  the  Represen- 
tatives were  the  same  as  composed  the  House  in  the  first 
Congress.  And  the  whole  number  was  now  sixty-five ; 
usually  fifty-eight  or  sixty  present,  at  the  same  time  ;  Ver- 
mont and  Kentucky  had  each  two  Representatives  now  in 
the  House. 

During  the  first  and  second  sessions  of  Congress,  the 
Senate  chamber  was  not  open  to  strangers  and  spectators ; 
but  there  was  always  free  admission  into  the  galleries  of 
the  House  of  Representatives,  so  that  the  speeches  of  the 
members  were  heard,  and  generally  fully  reported.  On 
several  occasions,  however,  the  galleries  were  cleared,  and 
the  House  sat  with  closed  doors.  This  was  matter  of  com- 
plaint with  a  few  persons,  of  suspicious  and  jealous  dispo- 
sitions. It  was  afterwards  known,  that  subjects  were  un- 
der discussion,  which  fully  justified  secrecy  at  the  time. 
They  related  to  an  increase  of  the  military  force,  on  the 
western  frontiers.  And  the  people  very  generally  admitted 
the  prudence  of  the  measure.  In  subsequent  periods,  the 
House  has  often  ordered  its  doors  closed,  and  all  spectators 
excluded,  when  the  business  before  them  was  deemed  of 


40  FEDERAL  GOVERNMENT.  [1791 

such  a  nature  as  to  require  secrecy  for  a  short  lime.  When 
engaged  in  executive  business,  the  Senate  still  holds  its 
meetings  with  closed  doors.  But  at  that  Congress,  and 
afterwards,  the  Senate  chamber  was  also  open  to  those 
who  wished  to  hear  the  discussions  of  that  branch  of  the 
legislature  on  other  subjects. 

In  1791,  the  troops  of  the  United  States  on  or  near  the 
Ohio  river,  were  attacked  by  the  hostile  tribes  of  Indians 
in  that  part  of  the  country,  and  many  Americans  were 
slain.  This  defeat  led  to  an  increase  of  regular  troops  in 
that  quarter  ;  which  was  the  occasion  of  some  complaint, 
as  if  the  military  operations  of  the  United  States  were  of- 
fensive and  unjust.  But  the  western  frontiers  of  Virginia 
and  Pennsylvania,  were  then  fast  settling,  and  it  became 
necessary  for  the  general  government  to  afford  protection 
to  the  inhabitants.  And  it  was  only  on  the  territory  which 
belonged  to  the  United  States  by  treaty  and  fair  purchase, 
that  the  Americans  were  settled.  During  the  same  year, 
the  Creek  tribe  of  Indians  appeared  in  a  hostile  attitude, 
committed  some  depredations,  and  threatened  farther  inju- 
ries. The  Society  of  Friends  in  Pennsylvania,  remon- 
strated to  Congress  against  the  war  with  the  Indian  tribes, 
and  expressed  an  opinion  that  it  was  unnecessary  and  un- 
just. But  it  appears  not  to  have  had  any  effect.  Wash- 
ington would  not  approve  or  maintain  hostilities  against 
them,  had  he  not  deemed  it  just  and  proper  for  the  govern- 
ment to  give  protection  to  the  people  of  the  United  States, 
who  were  exposed. 

In  January,  1792,  the  Secretary  of  the  Treasury  of  the 
United  States,  was  required  by  the  House  of  Representa- 
tives, to  lay  before  them  a  statement  of  the  public  finances, 
that  they  might  more  correctly  judge  of  the  sufficiency  of 
the  revenue  to  meet  all  the  demands  on  the  government ; 
and  whether  any  additional  duties  were  necessary  to  main- 
tain the  credit  of  the  nation.  The  Secretary  made  a  report 
in  the  same  month ;  in  which  he  stated,  that  the  sums  re- 
quired by  the  appropriations  voted  in  1791,  amounted  to 
$7,0S2,190  ;  that  the  net  product  of  all  the  public  revenue 
during  the  year  1791,  was  $7,029,750;  that  the  total 
annual  expenditures  of  the  United  States,  amounted  to 
$3,688,043,  and  that  the  product  for  the  year  1792,  was 
estimated  at  $3,700,000. 

An  Act  of  Congress  was  passed  in  1792,  altering  the 
duties,  previously  required  to  be  paid  on  spirits,  distilled 
within  the  United  States ;  whether  from  molasses,  sugar, 


1792]  Washington.  41 

and  other  foreign  materials,  or  from  materials  of  the  growth 
or  produce  of  the  United  States.  The  first  enactment  of 
the  general  government,  imposing  duties  on  spirits  distilled, 
within  the  United  States,  was  August,  1790  ;  and  the  law, 
now  adopted,  was  not  materially  different  from  the  first. 
It  was  called  the  u  Excise  Act,"  to  distinguish  it  from  that 
of  laying  duties  on  goods  and  products,  imported  from  for- 
eign countries ;  and  the  officers  appointed  to  collect  and 
receive  these  duties,  were  distinct  from  the  collectors  of  the 
customs  on  imported  articles,  and  were  called  Supervisors. 
The  law  for  raising  a  revenue  by  an  excise,  was  consid- 
ered unreasonable,  by  a  large  portion  of  the  citizens ;  and 
it  was  contended  that  as  Congress  had  the  whole  revenue 
arising  from  duties  on  imported  goods  and  products,  an  ex- 
cise, if  necessary,  should  be  under  the  control  and  for  the 
benefit  of  the  several  States.  For  each  State  had  a  large 
debt  to  pay,  notwithstanding  the  greater  portion  had  been 
assumed  by  the  federal  government.  The  Act  laying  an 
excise,  however,  was  evidently  within  the  power  of  Con- 
gress, as  granted  by  the  federal  Constitution.  The  legisla- 
ture of  the  United  States  was  desirous  of  paying  the  inter- 
est on  the  public  debt,  promptly  ;  and  also  for  its  reduction 
as  soon  as  possible.  And  though  the  revenue  was  as  great 
as  most  had  anticipated,  it  was  not  sufficient,  as  first  es- 
tablished, to  meet  the  expenses  of  government,  and  to 
discharge,  as  good  policy  dictated,  the  heavy  debt  of  the 
nation,  so  rapidly  as  was  generally  desired. 

The  Constitution  gives  Congress  power  to  provide  by 
law,  for  calling  out  the  militia  of  the  United  States,  to  ex- 
ecute the  laws  of  the  Union,  to  suppress  insurrections,  and 
to  repel  invasions ;  for  organizing,  arming  and  disciplining 
the  militia  ;  and  for  governing  those  called  into  the  public 
service.  But  the  right  was  justly  reserved  to  the  States  of 
appointing  the  officers  of  the  militia  ;  and  the  laws  relating 
to  the  militia  it  was  intended,  no  doubt,  should  be  uniform 
throughout  the  United  States.  In  1792,  Congress  passed 
a  law  on  this  subject,  with  an  ultimate  view  of  providing 
for  the  national  defence,  and  to  prevent  the  necessity  of 
constantly  maintaining  a  large  army  of  regular  troops. 
The  law  provided  for  an  uniform  militia  system  in  all  the 
States  of  the  Union  ;  in  which,  the  ages  of  men  liable  to  do 
duty  in  the  militia,  were  stated,  and  directions  given  for 
arming  them,  and  for  the  mode  of  discipline.  But  this  did 
not  prevent  the  State  authorities  from  making  laws  more 
in  detail,  requiring  how  often  the  militia  should  be  obliged 
to  assemble  for  training  and  for  military  discipline  in  each 
6 


42  FEDERAL  GOVERNMENT.  [1792 

year.  And  these  have  frequently  since  been  altered^and 
modified  in  most  of  the  States.  The  authority  given  to 
the  President  and  Congress  of  the  United  States,  to  call  the 
militia  into  the  public  service,  and  to  direct  and  command 
them,  has  proved  a  subject  of  much  difference  of  opinion, 
and  of  dispute,  as  to  the  extent  of  the  power  intended  to 
be  vested  in  the  federal  government ;  and  particularly, 
what  must  be  the  exigency  to  justify  such  a  call,  or  to  re- 
quire such  service.  It  has  been  contended,  that  it  is  alto- 
gether a  discretionary  power,  and  that  it  may  be  exercised 
whenever  Congress  or  the  President  may  judge  proper, 
even  to  the  extent  of  calling  forth  the  militia  when  there 
is  no  invasion,  but  merely  apprehended;  and  of  keeping 
them  in  service  so  long  as  may  be  supposed  or  pretended 
to  be  proper  by  the  federal  Executive.  Others  insist,  that 
in  this  case,  and  in  all  others  indeed,  granting  authority  to 
the  general  government,  the  Constitution  should  be  rigidly 
construed ;  and  that  the  power  delegated  should  not  be 
exceeded ;  and  therefore,  insist,  that  the  militia  are  only 
to  be  called  out  when  an  invasion  takes  place,  or  when  it 
imminently  and  immediately  threatens  to  take  place ;  and 
that  they  should  be  promptly  discharged  when  the  danger 
no  longer  exists  or  impends ;  and  by  no  means  used  as  a 
standing  army,  or  as  regular  troops. 

Several  of  the  old,  or  original  States,  claimed  large  tracts 
of  wild  lands  in  the  west  and  northwest  parts  of  the  coun- 
try, before  the  war  of  the  Revolution,  on  the  supposition 
that  their  respective  territories  extended  to  the  farthest 
lakes,  and  to  the  Mississippi,  if  not  to  the  Pacific  ocean  j 
for  their  patents  were  limited  only  by  the  Western  ocean. 

Soon  after  the  peace  of  1783,  these  States  made  cessions 
of  certain  parts  of  their  claims,  in  the  "  far  west,"  to  the 
United  States,  but  expressly  for  the  benefit  of  all.  The 
former  Congress,  under  the  Confederation,  called  upon  the 
States,  which  advanced  such  claims,  to  cede  the  lands  to 
the  United  States,  and  declared,  "  that  they  should  be  for 
the  common  benefit  of  the  Union."  The  States  which  ad- 
vanced these  claims,  made  the  cession  on  this  express  con- 
dition :  and  these  were  Virginia,  North  Carolina,*  Penn- 
sylvania, New  York,  Connecticut  and  Massachusetts. 
When  Louisiana,  at  a  later  period,  was  admitted  into  the 
Union,  a  condition  was  imposed,  that  it  should  cede  to  the 

*  North  Carolina  did  not  cede  the  territory  which  that  State  claimed  till 
1791,  after  the  federal  government  was  established. 


1 792]  WASHINGTON.  43 

United  States  all  the  waste  and  unappropriated  lands  lying 
in  that  newly  acquired  territory,  purchased  by  the  federal 
government;  and  that  the  same  should  be,  and  remain  at 
the  sole  disposal  of  the  United  States.  And  yet  the  legis- 
latures in  some  of  the  new  States,  have  been  so  unreason- 
able as  to  claim  a  right  to  all  the  public  lands  within  their 
respective  territories ;  and  would  exclude  the  original 
States,  who  struggled  and  sacrificed  so  much  for  national 
freedom  and  independence,  from  all  right  or  benefit  in 
them.  This  great  question  is  still  (1839)  undetermined. 
Congress  has  repeatedly  made  liberal  grants  of  land  to  the 
new  States,  for  the  purpose  of  public  roads  and  schools  : 
but  this  seems  not  to  satisfy  the  craving  demands  of  the 
people  in  the  States  more  recently  formed  in  the  territory, 
ceded  for  the  benefit  of  the  whole  Union.  It  was  good 
policy  to  make  grants  for  the  above  objects  in  new  States, 
as  inducements  to  settle  the  waste  lands,  and  for  the  im- 
provement of  the  character  of  the  population.  This  is  for 
the  benefit  of  the  whole  United  States.  But  the  old  States 
have  also  a  just  right  to  a  portion  of  the  benefit  of  the  pub- 
lic lands,  in  their  separate  and  individual  character.  In 
this  early  period  of  the  federal  government,  however,  this 
subject  was  less  warmly  discussed,  than  it  has  since  been. 
Most  of  the  States,  formed  out  of  these  lands,  have  been 
established  at  later  periods :  and  seem  now  disposed  to 
demand  as  a  right,  what  was  formerly  requested  of  Con- 
gress as  a  favor. 

After  the  defeat  of  the  federal  troops  under  General  St. 
Clair,  by  the  Indians,  near  the  Ohio  river,  in  November, 
1791,  new  complaints  were  made  against  the  war  on  the 
savage  tribes,  as  impolitic  and  unjust.  President  Washing- 
ton ordered  a  statement  of  the  causes  and  reasons  for  em- 
ploying troops  to  defend  the  frontier  settlements,  to  be 
made  by  General  Knox,  then  Secretary  of  War,  which  was 
published.  The  paper  states,  that  treaties  or  conventions 
were  formed  with  several  tribes  in  the  west  and  northwest, 
as  early  as  1775  and  1776 :  but  that  they  had  not  been 
duly  regarded  by  the  Indians,  during  the  war,  nor  after- 
wards: but  from  some  cause,  they  had  violated  those  trea- 
ties ;  (with  the  exception  of  the  Oneidas  and  Tuscaroras, 
within  the  State  of  New  York ;)  and  that  numerous  women 
and  children  had  been  slain  by  those  tribes,  at  different 
times,  without  any  sufficient  pretence  of  aggressions  on  the 
part  of  the  people  of  the  United  States :  that  when  peace 
took  place  between  Great  Britain  and  the  United  States, 
instead  of  indulging  resentments  against  the  Indians,  eiforts 


44  FEDERAL  GOVERNMENT.  [1792 

were  made  to  establish  and  maintain  peace  with  them  on 
liberal  terms.     For  this  purpose,   treaties  were   made  in 
1784,  '85,  '86,  and  '87 ;  and  the  principles  of  justice  and  hu- 
manity governed  in  all  these  cases.     In  1788,  large  sums 
were  voted  by  Congress  to  defray  the  expenses  of  treaties, 
and  for  extinguishing  the  Indian  claims,  as  far  as   they 
would  consent ;  and  for  paying  what  had  been  previously 
promised  for  lands,  which  the  Indians  had  ceded  to  Con- 
gress.    In  1789,  a. treaty  with  several  tribes  on  and  near 
the  Ohio  river,  and  lake   Erie  was  concluded ;  when  for- 
mer treaties  were  confirmed,  and  former  boundaries  estab- 
lished by  mutual  consent.     Thus  careful  it  appears  was 
the  government  of  the  United  States  to  satisfy  the  Indians, 
and  to  remove  all  causes  of  complaint.     Owing,  however, 
to  some  extraneous  influence,  or  ignorance  of  the  policy  of 
Congress,  a  part  of  the  Indians  complained ;  and  some  of 
the  Americans  charged  the  government  with  being  unjust. 
The  statement  of  the  Secretary  of  War,  further  asserted, 
that  no   conflicting   claim  had   been  advanced   by   other 
tribes,  under  the  pretence  that  the  lands  ceded  to  and  pur- 
chased by  the  United  States,  belonged  to  a  different  tribe, 
or  that  they  had  any  just  control  over  them.     Other  Con- 
ventions were  proposed  in  1788  and  1789,  but  the  Indians 
did  not  attend ;  and  it  was  generally   believed  that  there 
was  an  untoward  influence  from  abroad,  or  a  few  white 
adventurers  among  them,  whose  sole  object  was  their  own 
individual  interest  and  power,  which  prevented  their  meet- 
ing the  agents  of  the  United  States.     In  the  meantime  the 
frontier  settlements  were  attacked,  and  many  outrages  and 
murders  committed  :  and  the  people  in  that  region  called 
repeated  and  loudly  on  the  general  government  for  protec- 
tion.    Still  the  President  made  a  new  attempt  to  negotiate. 
In  1790,  he  sent  an  agent  to  assure  the  tribes  on  the  Wa- 
bash, and  at  Miami,  that  the  United  States  desired  peace, 
and  wished  to  maintain  friendly  relations  with  them.     But 
all  these  efforts  failed,  though  some  of  the  tribes  wished 
for  peace  and  friendship  with  the  United  States  :  And  de- 
predations were  soon  after  made  on  the  settlements,  equally 
attrocious  and  revolting  as  before.     When  the  people  of 
Kentucky,  and  other  settlements  in  that  vicinity,  meditated 
an  attack  on  the  Indians,  without  waiting  for  orders  or  the 
consent  of  the  President,  or  his  knowledge  of  their  pro- 
posed enterprise,  he  restrained  them.     The  depredations  of 
the  Indians,  at  that  time  were  often  committed  on  inhabi- 
tants who  were  settled  south  of  the  Ohio,  and  within  the 
long  acknowledged  bounds  of  Virginia.     It  was  estimated. 


1792]  WASHINGTON.        v  45 

that,  before  the  United  States  commenced  hostile  operations 
against  the  Indians,  they  had  killed,  wounded,  or  taken, 
one  thousand  and  five  hundred  men,  women  and  children, 
and  had  carried  off  two  thousand  horses,  and  other  property 
to  a  large  amount.  The  troops  of  the  United  States  sta- 
tioned in  that  region  merely  to  occupy  some  forts,  and  for 
pacific  purposes,  were  also  attacked,  and  many  of  them 
killed  by  the  hostile  tribes,  during  this  period.  Col.  Picker- 
ing held  a  treaty  with  them  in  1791,  when  he  made  known 
the  humane  intentions  of  the  federal  government ;  and 
General  St.  Clair,  gave  similar  assurances  to  the  Dela- 
wares  and  others,  when  he  first  advanced  into  that  terri- 
tory to  protect  the  inhabitants.  At  this  period,  the  Gov- 
ernor of  Pennsylvania,  also  requested  a  military  force,  of 
the  President  of  the  United  States,  for  the  purpose  of  giving 
protection  to  the  inhabitants  of  that  State,  who  lived  in  the 
northwest  parts,  and  who  were  in  great  and  continual 
danger  from  the  hostile  tribes  of  Indians.  There  seems  to 
have  been  an  imperious  call  for  the  energetic  measures 
then  adopted  by  Congress,  and  recommended  and  approved 
by  Washington,  in  employing  troops,  at  that  time,  on  the 
frontier  settlements. 

At  the  opening  of  this  session  of  Congress,  (which  was  in 
October,  1792,)  the  President,  in  his  public  message  to  the 
Senate  and  Representatives,  referred  to  various  subjects  of 
a  public  nature,  which  he  deemed  important  for  the  con- 
sideration of  the  national  legislature— among  which  were, 
— the  public  debt,  and  the  necessity  of  further  provision  for 
supporting  the  credit  of  the  United  States — the  exposed 
situation  of  the  western  frontiers ;  and  the  omission,  on 
the  part  of  Great  Britian,  to  withdraw  their  troops  from 
the  forts  within  the  national  boundaries,  formerly  belong- 
ing to  that  power,  but  stipulated,  by  the  treaty  of  1783,  to 
be  given  to  the  United  States.  For  so  long  as  the  fortresses 
on  lake  Erie,  at  Detroit,  or  any  of  the  branches  of  the 
Ohio  river,  were  in  the  hands  of  the  British,  the  western 
settlements  were  exposed  to  depredations  from  the  savage 
tribes.  It  could  hardly  be  supposed,  that  the  British  gov- 
ernment, authorized  their  military  officers  in  those  forts  to 
encourage  the  Indian  assaults  and  murders ;  but  it  was 
evident,  that  while  they  held  those  posts  the  tribes  were 
embolden,  if  not  instigated  by  individuals,  to  commit  de- 
predations on  the  citizens  of  the  United  States.  This  con- 
duct of  the  British  ministry  was  considered  highly  im- 
proper, though  they  apologized  for  it,  by  pretending  to  a 
right  to  hold  the  forts,till  the  United  States  had  made  express 


46  FEDERAL  GOVERNMENT.  [1792 

and  ample  provision  for  paying  certain  claims,  made  by  the 
refugees  from  America,  at  the  beginning  of  the  Revolu- 
tionary war.  Some  of  the  States  made  such  provision 
promptly,  as  to  that  class  of  the  refugees  embraced  in  the 
treaty  of  1783  ;  but  other  States  had  declined  making  any 
provision  for  that  purpose.  It  was  this  conduct  of  the 
British  government,  which  was  in  plain  violation  of  the 
treaty,  that  threatened  a  war  with  England  in  1793;  but 
which  the  firmness  and  prudence  of  Washington  happily 
averted. 

In  November,  1792,  Mr.  Ames,  of  Massachusetts,  pre- 
sented a  memorial  of  W.  Mifflin  and  others,  on  the  sub- 
ject of  Negro  Slavery,  which  was  read  and  laid  on  the 
table.  Two  days  after,  Mr.  Ames  called  up  the  memorial, 
when  a  warm  dispute  arose.  The  members  from  the 
Southern  States,  deprecated  the  consequences  of  such  me- 
morials. One  of  them  moved,  that  it  be  returned  to  the 
memorialists,  and  the  entry  of  it  on  the  journal  erased. 
The  motion  for  returning  the  memorial  was  unanimously 
adopted ;  but  the  motion  to  erase  the  entry  on  the  journal 
was  withdrawn.  This  agitating  subject  had  been  previ- 
ously introduced  in  Congress  on  presentation  of  a  petition 
from  some  citizens  of  Pennsylvania.  It  has  often  since 
been  brought  forward,  and  served  always  to  produce  a 
warm  and  sometimes  an  angry  discussion.  The  Constitu- 
tion must  be  altered  to  justify  Congress  in  legislating 
on  the  subject.  And  the  interference  of  the  non-slave- 
holding  States,  is  not  only  useless,  but  altogether  unjustifi- 
able, from  political,  if  not  from  moral  considerations. 

By  an  Act  of  Congress,  in  1792,  encouragement  was 
given  to  the  Codfisheries,  followed  chiefly  in  the  eastern 
States ;  and  in  lieu  of  a  drawback  of  the  duty  on  salt 
and  a  bounty  on  fish  exported,  previously  allowed,  a 
bounty  was  now  granted  on  the  vessels  employed  in  this 
business,  according  to  their  tonnage.  Fish  was  a  great 
article  exported  from  the  New  England  States,  and  it  was 
also  deemed  important  to  give  encouragement  and  support 
to  this  branch  of  business,  as  a  means  of  having  good  sea- 
men for  a  navy,  when  it  should  become  necessary  for  na- 
tional defence.  The  tonnage  of  vessels  employed  in  the 
fisheries,  and  coasting  trade,  in  1792,  was  152,000  tons — 
in  1813,  490,300— in  1828,  930,200— in  1832,  753,400.* 

*  The  whole  tonnage  of  vessels  in  the  United  States,  registered,  enrolled, 
and  licensed,  was,  in  1789,  201,560—1800,  972,500— in  1810,  1,424,780 — 
in  1820,  1,280,170— in  1830,  1,210,250,— and  in  1832,  1,440,430. 


1792]  WASHINGTON.  47 

The  Constitution  declares  that  there  should  not  be  more 
than  one  Representative  in  Congress  for  every  thirty  thou- 
sand inhabitants  of  each  State  :  and  that  there  should  be 
an  enumeration  at  an  early  day,  under  the  federal  govern- 
ment. A  census  was  ordered  to  be  made  in  1790 ;  and 
after  the  result  was  officially  made  known  to  Congress,  a 
question  arose  what  the  ratio  should  be  thereafter.  Some 
proposed  forty  thousand,  and  some  thirty  three  thousand. 
But  others,  again,  were  in  favor  of  a  plan  altogether  dif- 
ferent, and  such  as  many  believed  not  authorized  by  the 
Constitution ;  which  was  to  take  the  whole  number  of  in- 
habitants, which  the  census  gave,  throughout  the  United 
States,  and  to  have  the  number  of  Representatives  equal  to 
every  thirty  thousand.  And  as  some  States  would  have 
a  large  fraction  beyond  one  for  every  thirty  thousand,  to 
add  one  Representative  to  eight  of  the  largest  States.  This 
plan  was  proposed  by  the  Senate;  and  was  concurred  by 
a  majority  of  the  House  of  Representatives,  though  several 
members  of  this  branch  of  the  legislature  were  opposed  to 
it.  The  objection  was,  that  the  Constitution  could  not  be 
fairly  construed  as  giving  support  to  such  a  procedure ;  and 
that  it  tended  to,  and  would  soon  destroy  the  federal  gov- 
ernment, and  produce  a  consolidation  of  the  States,  and 
all  distinct  lines  of  separate  State  governments.  It  was  in- 
sisted, that  the  Representatives  must  be  chosen  by  the  peo- 
ple of  each  State  separately  considered,  and  not  by  frac- 
tions of  two  or  three  States  united  to  elect  one.  And  in 
fact,  that  no  State  could  have  more  than  one  Representa- 
tive for  every  thirty  thousand  inhabitants,  contained  in  it, 
but  must  lose  any  excess  of  that  number,  however  large 
the  fraction  might  be.  The  discussion  on  this  subject  was 
continued  many  days  in  the  House  of  Representatives,  be- 
fore the  bill  was  passed.  And  when  it  was  submitted  to 
the  President  for  his  approbation,  he  declined  giving  it  his 
signature.  His  objections  were  stated  as  follows  :-r— "  The 
Constitution  has  prescribed,  that  Representatives  shall  be 
apportioned  among  the  several  States  according  to  their 
respective  numbers,  and  there  is  one  proportion,  or  divisor, 
which,  applied  to  the  respective  numbers  of  the  States,  will 
yield  the  number  and  allotment  of  Representatives  pro- 
posed by  the  Bill. — The  Constitution  has  also  provided 
that  the  number  of  Representatives  shall  not  exceed  one  for 
every  thirty  thousand ;  which  restriction  is,  by  the  context, 
and  by  fair  and  obvious  construction,  to  be  applied  to  the 
separate  and  respective  members  of  the  States ;  and  the 
bill  allots  to  eight  of  the  States,  more  than  one  for  thirty 


48  FEDERAL  GOVERNMENT.  [1792 

thousand."  The  act  which  was  soon  after  passed  on  this 
subject,  provided  for  one  Representative  for  every  thirty- 
three  thousand,  and  restricted  each  State  accordingly.  The 
view  taken  by  the  President,  and  his  construction  of  the 
Constitution  relating  to  this  point,  were  very  generally  ap- 
proved, especially  by  those  who  wished  to  keep  the  several 
States  as  distinct  as  could  be  consistently  with  the  federal 
compact,  and  to  prevent  their  consolidation.  His  opinion 
is  worthy  of  great  regard,  both  with  the  friends  of  the 
Union,  and  of  State  rights.  No  one  was  more  in  favor  of 
the  former,  or  of  consolidating  or  preserving  it  in  all  proper 
ways,  and  in  all  reasonable  measures,  than  Washington  : 
yet  he  was  equally  careful  to  guard  against  encroachments 
on  State  rights,  and  to  avoid  destroying  their  distinctive 
character. 

In  1791,  President  Washington,  gave  notice  to  Congress, 
of  his  having  directed  the  minister,  at  the  Court  of  London, 
from  the  United  States,  to  learn,  informally,  what  was  the 
disposition  of  the  British,  on  the  subject  of  a  commercial 
intercourse  between  the  two  countries  :  In  April,  1792,  he 
communicated  the  correspondence  between  the  British 
minister  near  the  federal  government,  and  the  American 
Secretary  of  State,  on  that  subject.  The  British  minister 
had  transmitted  to  the  Department  of  State,  a  part  of  a 
Statute  of  Parliament,  and  gave  notice  also,  that  the  British 
would  carry  the  order  into  execution  ;  which,  being  of  equiv- 
ocal signification,  the  President  thought  proper  to  lay  before 
Congress.  In  its  restricted  sense,  which  was  avowed  by  the 
British  minister,  and  from  recent  indications  of  a  friendly 
disposition  in  the  British  government,  towards  the  United 
States,  he  said,  it  could  give  no  cause  of  alarm.  The  in- 
terdicting clause,  instead  of  prohibiting  commercial  inter- 
course with  all  British  ports,  as  appeared  at  first  to  be  in- 
tended, related  only  to  our  exclusion  from  the  islands  of 
Jersey  and  Guernsey. — Such  was  the  construction  of  the 
British  Envoy,  then  in  the  United  States.  And  his  express 
opinion  to  that  effect,  gave  satisfaction  to  the  President,  at 
that  time ;  disposed  as  he  was  to  believe,  that  the  declara- 
tion made  by  the  British,  of  a  friendly  spirit  towards  the 
United  States,  were  sincere.  This  Act  of  Parliament  for- 
bid the  importation  into  any  British  ports  of  goods  and  pro- 
ducts of  Africa,  Asia,  and  America,  except  in  vessels  owned 
and  manned  by  British  subjects  ;  and  had  a  principal  de- 
sign to  prevent  the  importation  of  tobacco,  which  was  said 
to  be  landed  in  large  quantities  in  the  islands  of  Guernsey 
and  Jersey,  and  thence  conveyed  to  ports  in  England. 


1792]  WASHINGTON.  49 

The  conduct  of  the  British  government  at  this  time,  gave 
indications  of  a  jealous,  not  to  say,  unfriendly  spirit,  to- 
wards the  United  States.  The  detention  of  the  forts  within 
the  federal  territory,  contrary  to  an  express  article  in  the 
treaty  of  1783,  could  not  be  justified  ;  and  all  propositions 
for  commercial  intercourse,  on  terms  of  a  real  reciprocity, 
had  been  rejected  or  evaded.  And  the  effect  was,  an  opin- 
ion, very  generally  formed,  that  the  British  ministry  was 
arbitrary  and  monopolizing  in  its  views,  and  ready  to  take 
all  the  advantage,  in  the  intercourse  between  the  two  coun- 
tries, which  their  power  would  support.  Thus  it  became 
necessary,  and  the  federal  Executive  had  sufficient  national 
spirit,  to  insist  on  the  fulfilment  of  the  treaty,  and  to  require 
that  consideration  due  to  an  independent  nation. 


50  FEDERAL  GOVERNMENT.  [1792 


CHAPTER  III. 

Congress  of  November,  1792-— March,  1793.  Political  Parties.  Federal  and 
Anti-Federal.  Opposition  to  the  Excise  on  Home-Distilled  Spirits.  Indians 
Hostile.  Charges  Against  Secretary  of  the  Treasury.  Different  Views  of 
Jefferson  and  Hamilton.  Insurrection  in  Pennsylvania — Washington  Chosen 
President  for  a  Second  Term  of  four  years.  The  Party  Opposed  to  his  Po- 
licy, Censorious  and  Abusive.  His  understanding  with  England  and 
France,  1793.  French  Minister  and  his  Improper  Conduct  Neutral  Posi- 
tion taken  by  Washington.  Censures  on  this  Policy.  Genet  Recalled. 
His  Successor,  Chargeable  with  little  less  Improper  Conduct.  British  Ag- 
gressions. Special  Embassy  of  Mr.  Jay.  Federal  Judiciary.  Suability  of 
States. 

The  Second  Congress  adjourned  in  May,  1792.  and  met 
again  at  Philadelphia,  in  November  following,  agreeable  to 
a  resolution  passed  at  their  first  session.      At  this  early- 
period,   two   great  political  parties,   appear  to  have  been 
forming  in   the  United  States.     Most  of  the  individuals  of 
each  party  were  no  doubt  honest  and   patriotic,  and  de- 
sirous of  maintaining  the  liberties  of  the  country.    One  party 
was  denominated  "  federal ;"  the  other,  "  anti-federal."  One 
was  in  favor  of  supporting  the  power  of  the  Executive,  to 
its  full  constitutional  extent;  the  other,  for  controling  the 
executive  arm,  so  far  as  almost  to  paralyze  it.     The  former 
were  probably  influenced,  in  some  measure,  by  their  perfect 
confidence  in  the  wisdom  and  uprightness  of  the  illustrious 
man  who  then  occupied  the  chair  of  Chief  Magistrate  of 
the  Union.     These  parties  were  also  further  distinguished, 
the  federalists,  as  being  most  friendly  to  Great  Britain ;  or 
rather  as  most  desirous  of  keeping  peace  and  maintaining 
commercial  intercourse  with  that  nation:  and  the  anti-fed- 
eralists as  being  unduly  attached  to  the  French  nation,  or 
most  fearful  of  incurring  its  displeasure, — and  for  a  period 
of  twenty  years,  from  that   time,   this  unhappy  spirit  of 
party,   distracted  the  councils,  if  it  did  not  dishonor  the 
character  of  the  United  States. 

The  President  evidently  desired  to  continue  on  amica- 
ble terms  with  each  of  those  powerful  nations,  and  con- 
ducted with  remarkable  impartiality  in  this  trying  period. 
But  he  did  not  entirely  escape  the  animadversions  of  those 
who  were  under  the  influence  of  improper  prejudices  and 
partialities.     In  his  public  speech  to  Congress,  at  the  open- 


1792]  WASHINGTON.  51 

ing  of  this  session ;  the  President  expressed  his  regret,  that 
the  war  by  the  Indian  tribes  on  the  western  frontiers  con- 
tinued, and  that  many  of  the  settlers  within  the  territory 
of  the  United  States  had  been  recently  slain.  He  stated 
that  measures  both  for  peace  and  defence,  had  been  adopted, 
in  such  a  manner  as  he  had  hoped  would  have  been  effect- 
ual ;  but,  that  his  repeated  attempts  to  preserve  peace, 
though  on  favorable  terms  to  the  tribes,  had  been  unavail- 
ing; and  the  military  force,  employed  in  that  part  of  the 
country,  had  not  been  able  to  prevent  further  depredations, 
as  he  had  hoped.  Some  other  tribes  in  the  Southwest,  it 
was  stated,  had  also  discovered  a  hostile  disposition  towards 
the  United  States ;  and  yet  that  he  had  not  been  able  to 
learn  of  any  complaints,  that  the  treaty  formerly  made 
with  them  had  been  violated,  on  the  part  of  the  United 
States.  While  he  recommended  that  sufficient  means 
be  provided  for  the  protection  of  the  people  on  the  interior 
frontiers,  the  President  also  urged  Congress  to  adopt 
measures  for  preventing  the  people  in  the  frontier  settle- 
ments from  intruding  or  making  any  aggressions  upon  the 
Indians.  "Let  us  not  be  the  aggressors,"  he  said,  "nor 
give  any  just  occasion  for  complaints  against  us."  The 
President,  also,  at  this  time,  informed  Congress,  that  in 
some  parts  of  the  Union  great  complaints  and  opposition 
were  manifested  to  the  system  for  raising  a  revenue  from 
spirits  distilled  within  the  United  States ;  and,  as  there  had 
been  unlawful  meetings  to  oppose  the  execution  of  the 
laws,  and  threats  of  violence  uttered,  that  he  had  issued 
a  proclamation,  warning  the  citizens  of  the  evil  and  danger 
of  such  opposition  to  a  law  duly  enacted  by  the  national 
legislature.  This  opposition  was  chiefly  manifested  in  the 
States  where  whisky  was  manufactured  from  grain ;  and 
the  complaints  were  the  loudest  and  the  most  extensive  in 
Pennsylvania.  The  President  referred  also  to  the  finances 
of  the  United  States,  and  recommended  additional  measures, 
if  necessary,  to  place  the  public  credit  on  a  sure  and  solid 
foundation.  An  exhibit  from  the  treasury  department,  at 
this  time,  showed  that  the  expenditures  of  the  federal  gov- 
ernment, for  1789,  1790,  and  1791,  amounted  to  3,797,500 
dollars  ;  the  amount  collected  and  received,  4,771,350  dol- 
lars; leaving  a  balance  in  the  treasury,  at  the  close  of 
1791,  of  973,905  dollars. 

The  Senate  and  House  of  Representatives  each  returned 
answers  to  the  President's  speech,  in  which  they  declared 
their  approbation  of  the  measures  he  had  adopted,  and 
their  determination  to  provide  proper  means  of  protection 


52  FEDERAL  GOVERNMENT.  [1792 

to  the  settlements  on  the  frontiers ;  and  of  support  of  the 
laws  of  the  Union,  against  any  opposition  which  might  be 
made  to  the  due  execution  of  them. 

The  answer  of  the  House  of  Representatives  to  the 
speech  of  the  President  was  clothed  in  the  language  of  re- 
spectful approbation  ;  and  the  majority  fully  acquiesced  in 
the  propriety  of  the  policy  and  the  course  of  the  executive ; 
but  several  members  were  opposed  to  some  of  the  measures 
which  had  been  adopted ;  particularly  as  to  the  Indian 
war  in  the  West ;  and  to  some  of  the  proceedings  in  the 
treasury  department,  which  were  under  the  direction  and 
control  of  the  President,  and  for  which  he  was  in  a 
measure  responsible,  though  only  the  conduct  of  the  Sec- 
retary of  the  Treasury  was  expressly  censured.  President 
Washington  was  as  averse  to  hostilities  against  the  Indian 
tribes,  if  it  could  be  avoided  with  safety  to  the  settlers  in 
that  part  of  the  Union,  as  any  one  could  be  ;  but  he  justly 
considered  it  the  duty  of  government  to  afford  means  of 
protection  to  the  citizens ;  and  was  of  opinion  that  a  large 
force  which  would  appear  formidable  to  the  savages,  and 
operate  on  their  fears,  would  be  more  effectual  to  induce 
them  to  refrain  from  future  aggressions,  and  to  make  peace, 
than  a  few  troops,  whom  they  would  not  hesitate  to  attack, 
nor  much  fear  in  the  prosecution  of  their  hostile  designs  on 
the  frontier  settlements. 

As  to  the  funding  of  the  public  debt,  and  the  assumption 
of  the  debts  of  the  States,  which  had  been  incurred  for  the 
common  and  general  defence  of  the  country,  during  the 
war  of  the  Revolution,  of  which  some  complained,  he  be- 
lieved justice  demanded  that  the  plans  of  the  Secretary  of 
the  Treasury  should  be  adopted.  And  the  charge  of  an 
improper  application,  by  the  Secretary,  of  monies  before 
appropriated  by  Congress,  for  the  payment  of  interest,  and 
a  part  of  the  principal  of  both  the  foreign  and  domestic 
debt,  the  President  considered  unjust,  or  unreasonable. 
The  charge  was,  that  he  applied  part  of  the  loans,  effected  in 
Europe,  to  some  other  purpose  than  paying  or  diminishing 
the  foreign  debt,  as  had  been  indicated  by  Congress.  But 
it  was  shown  that  convenience  and  good  policy  justified 
the  conduct  of  the  Secretary,  in  this  respect ;  that  pay- 
ments had  been  made  strictly  according  to  the  laws,  though 
a  part  of  an  appropriation  for  one  specific  object,  had  been 
applied  to  a  different  purpose ;  and  more  also  had  been  ad- 
vanced on  account  of  expenses  of  the  Indian  war  than  had 
been  anticipated  by  Congress,  when  a  law  was  made  re- 
lating to  the  enterprise.     The  Secretary  of  the  Treasury 


1792]  WASHINGTON.  53 

was  also  accused  of  extravagance  in  the  expenditures  of 
the  public  monies;  and  it  was  even  intimated,  that  a  strict 
inquiry  into  his  official  conduct,  would  detect  some  defal- 
cations. An  inquiry  was  soon  after  instituted  into  his 
conduct,  and  the  accounts  of  the  treasury  department; 
when  it  was  found,  that  no  improper  appropriations  of  the 
public  funds  had  been  made,  (other  than  a  deviation  as 
already  noticed,  of  some  specific  appropriations  to  other 
objects  than  directed,  and  that  with  good  judgment  and 
perfect  integrity,)  and  that  the  proceedings  of  the  Secretary 
were  wholly  free  from  all  evidence  of  embezzlement,  of 
corruption,  or  of  any  dishonorable  official  act.  Washington 
had  full  confidence  in  his  incorruptible  integrity,  as  well  as 
his  abilities.  And  the  people  generally  imbibed  the  same 
opinion  of  Secretary  Hamilton ;  while  many  considered 
his  political  views  not  so  fully  republican  as  they  would 
prefer  in  a  high  public  officer  of  the  federal  government. 
He  was  no  donbt  in  favor  of  what  some  called  a  strong 
government ;  in  favor  of  exercising  the  full  powers  granted 
by  the  Constitution  ;  because  he  believed  this  was  necessary 
to  maintain  the  public  credit,  and  to  give  respectability  to 
the  administration  of  the  United  States,  both  at  home  and 
abroad.  But  he  duly  appreciated  that  sacred  charter  of 
our  national  rights,  and  gave  it  his  firm  support ;  and 
there  is  no  evidence  that  he  was  not  sincerely  attached  to 
a  republican  government. 

At  this  period,  1792,  which  was  soon  after  any  indica- 
tions of  the  two  political  parties  in  the  United  States,  which 
long  unhappily  continued,  the  different  views  and  opinions 
of  the  highest  officers  in  the  executive  department  of  the 
government,  and  with  whom  the  President  often  found  it 
necessary  to  consult,  in  deciding  on  public  measures  to  adopt 
or  propose,  gave  occasion  for  great  regret  among  the  patriotic 
citizens ;  and  it  was  also  a  source  of  concern  to  the  Presi- 
dent himself.  He  addressed  letters  to  them  on  the  subject ; 
and,  with  the  Secretary  of  State,  Mr.  Jefferson,  particularly, 
he  expostulated  on  the  evils  of  disunion  among  his  confi- 
dential advisers.  But  this  effort,  so  honorable  on  the  part 
of  Washington,  was  without  avail.  The  political  disa- 
greement between  the  Secretary  of  State,  and  of  the  Treas- 
ury, continued  and  increased,  and  soon  became  personal 
and  inveterate. 

Mr.  Jefferson  coincided  in  opinion,  with  those  who  were 
originally  opposed  to  the  federal  Constitution,  as  having 
too  much  power,  and  with  that  class  of  politicians  who 
disapproved  of  the  funding  system,  the  assumption  of  the 


54  FEDERAL  GOVERNMENT.  [1792 

State  debts,  and  of  the  Excise  Act ;  and  who  were  disposed 
to  restrain  the  authority  of  the  executive  within  very  nar- 
row limits.  It  was  also  well  known  that  he  retained  strong 
prejudices  against  the  British  government,  founded  in  its 
former  arbitrary  conduct  towards  the  colonies;  while  all 
his  sympathies  were  enlisted  in  behalf  of  regenerated 
France.*  And  it  was  apprehended  that  this  would  produce 
an  evil  political  influence;  especially  as  disputes  had  even 
then  arisen  between  the  United  States  and  each  of  those 
great  foreign  nations  ;  when  harmony  among  the  members 
of  the  administration  was  most  important. 

The  Secretary  of  the  Treasury,  Mr.  Hamilton,  differed 
in  opinion,  on  many  political  measures,  almost  entirely 
from  the  Secretary  of  State.  He  was,  indeed,  the  projector 
of  the  leading  measures  designed  to  establish  public  credit 
on  a  firm  foundation,  and  to  provide  effectually  for  the 
payment  of  the  public  debt,  and  to  call  forth  the  resources 
of  the  country  for  these  important  objects.  He  had  also 
proposed  an  augmentation  of  duties  on  imported  articles, 
when  it  was  found  that  those  before  laid  were  inadequate. 
And  he  recommended  the  system  of  excise,  or  a  tax  on 
distilled  spirits  within  the  United  States ;  which  was  par- 
ticularly unpopular  in  the  States  where  they  were  manu- 
factured. On  the  other  subject,  which  was  the  occasion  of 
discordant  opinions  among  politicians  of  that  period,  Mr. 
Hamilton  entertained  different  views  from  Mr.  Jefferson. 
He  considered  it  important  to  the  commercial,  and,  there- 
fore, to  the  general  prosperity  of  the  United  States,  to 
maintain  friendly  relations  with  Great  Britain;  and  he 
was  unwilling  to  sacrifice  either  the  peace  or  the  interests 
of  the  nation,  to  his  sympathies  in  favor  of  the  patriots  of 
France. 

Few,  perhaps,  doubted  the  patriotism  of  either  of  these 
distinguished  political  characters.  They  had  each  rendered 
important  service  to  the  country,  in  the  contest  for  liberty 
and  independence;  and,  it  was  believed,  that  each  was 
anxious  to  secure  the  welfare,  and  to  promote  the  pros- 
perity of  the  United  States.  The  just  and  principal  dis- 
tinction to  be  made  between  them,  probably,  was,  that  the 
Secretary  of  State  appeared  more  ready  to  consult  and  to 

*  In  a  report  on  foreign  commerce,  made  in  1791,  by  request  of  President 
Washington,  Mr.  Jefferson,  then  Secretary  of  State,  advised  to  a  more  ex- 
tensive trade  with  France,  and  to  an  increase  of  imposts  on  all  British  goods 
and  products.  And  this  report,  no  doubt,  led  to  the  regulations  of  Mr.  Madi- 
son, in  1794,  proposing  such  restrictions  on  the  trade  with  England,  as  amounted 
almost  to  a  prohibition  of  commercial  intercourse  with  that  nation. 


1792]  WASHINGTON.  55 

take  advantage  of  popular  opinion  and  feeling,  and  to  court 
the  people,  by  the  declaration  of  sentiments  of  regard  for 
their  rights  and  liberty  ;  while  the  Secretary  of  the  Treas- 
ury manifested  a  disposition  to  adopt  such  measures  as  he 
believed  for  the  true  honor,  and  the  permanent  welfare  of 
the  nation.  And,  in  this  feature  of  his  public  character,  he 
strongly  resembled  the  illustrious  patriot,  then  at  the  head 
of  the  nation. 

A  strong  opposition  to  the  plan  of  raising  a  revenue  from 
spirits  distilled  in  the  United  States  was  manifested,  soon 
after  the  law  was  first  passed.     During  the  year  1792  the 
opposition  appeared  to  gather  strength  and  to  be  more  deter- 
mined.    Several  meetings  were  held  in  the  interior  counties 
of  Pennsylvania,  at  which  resolutions  were  adopted,  and 
sentiments  expressed,  alike  dishonorable  to  the  character  of 
good  citizens,  and  alarming  to  the  government.    The  officers 
appointed  to  collect  the  duties  were  threatened,  and  deterred 
through  fear  of  personal  injury  from  discharging  their  pub- 
lic duties.     And  a  large  portion  of  the  citizens,  in  the  west- 
ern parts  of  that  State,  appeared  resolute  in  opposing  the  ex- 
ecution of  the  law,  at  every  hazard.     Their  passions  were 
highly  excited  by  the  clamours  of  individuals,  who  repre- 
sented the  law  as  arbitrary  and  oppressive,  and  even  uncon- 
stitutional, and  therefore  not  to  be  endured  by  a  free  people. 
Some  of  the  members  of  Congress  had  predicted  such  com- 
plaints and  such  opposition,  which  seemed,  however  unde- 
signedly, to  excite  or  to  increase  them.     But  the  support  of 
public  credit   required  a  large  revenue — and  while  every 
article  imported,  which  could  justly  be  considered  a  luxury, 
was  highly  taxed,  it  was  found  necessary  also  to  resort  to 
a  tax,  or  excise,  on  spirits  distilled  in  the  country.     And  on 
none  could  the  duty  be  more  justly  imposed,  than  on  dis- 
tilled liquors,  altogether  unnecessary  for  the  support  and 
comfort  of  the  people.     Had  it  been  laid  on  bread  or  on 
grain,  there  might  have  been  some  reason  for  complaint  and 
opposition.     Even  a  direct  tax  on  lands  or  houses,  would 
probably  have  been  reprobated,  except  in  some  extraordi- 
nary exigency.     In  the  present  case,  the  excise  law  had  this 
justification,  that  the  revenue  from  imposts  was  not  ade- 
quate to  the  public  expenditures  for  the  support  of  govern- 
ment, and  the  payment  of  instalments  and  interest  on  the 
public  debt  as  ordered  by  Congress  ;  particularly  for  that 
year,  as  the  war  in  defence  of  the  frontier  settlements  had 
added  greatly  to  the  national  expenses.     It  is  the  more  re- 
markable, that    such  complaints  were    made  against   the 
measures  of  the  federal  government,  by  the  citizens  of  Penn- 


56  FEDERAL  GOVERNMENT.  [1792 

sylvania,  as  the  troops  were  employed  to  protect  the  inhabi- 
tants in  the  north  western  parts  of  that  State,  as  well  as 
those  settled  in  the  territory  beyond. 

Desirous  of  using  all  proper  means  for  checking  this  spirit 
of  insubordination,  and  of  preventing,  if  possible,  its  break- 
ing forth  into  forcible  opposition  to  the  laws  of  the  land,  the 
President  issued  a  proclamation  exhorting  the  people  to  de- 
sist from  all  illegal  acts  and  meetings,  and  calling  on  the 
good  citizens  to  discountenance  all  violence  and  disorder : 
but  his  wise  counsel  and  warning  did  not  produce  the  effect 
intended,  and  which  had  been  expected.  The  President 
had  previously  (May,  1792)  been  authorized  by  Congress 
to  call  out  the  militia  to  assist  in  executing  the  excise  laws, 
if  he  should  consider  it  proper — and  the  Governor  of  Penn- 
sylvania had  requested  a  similar  measure.  But  the  Presi- 
dent had  hopes  that  wise  counsels  would  prevail  over  excited 
passions,  and  he  was  reluctant  in  employing  the  military 
to  support  the  laws,  till  no  other  alternative  remained. 

During  the  year  1792,  General  Washington  intimated  to 
some  of  his  most  confidential  friends,  that  he  was  desirous 
of  retiring  to  private  life,  and  proposed  to  decline  a  re-elec- 
tion as  chief  magistrate  of  the  Union.  His  advanced  age, 
and  increasing  infirmities  had  added  strength  to  his  incli- 
nation to  seek  repose  from  all  public  business.  But  he  was 
persuaded  to  relinquish  his  personal  wishes  in  this  respect, 
and  was  a  second  time  chosen  President  of  the  United 
States,  by  the  unanimous  vote  of  all  the  electors.*  Some 
strictures  had  been  made  on  his  political  opinions  and  mea- 
sures ;  as  the  Indian  war  on  the  western  frontiers,  the 
funding  system  and  the  excise  law  ;  and  yet  he  had  only 
approved  these  measures  previously  adopted  or  sanctioned 
by  Congress.  But  the  confidence  of  the  great  body  of  the 
people,  in  his  patriotism  and  wisdom,  was  not  at  all  shaken 
by  any  act  of  his  administration.  Those  engaged  in  the 
business  of  distilled  spirits  complained  of  the  laws  laying 
duties  on  them,  and  of  the  President  for  attempts  to  support 
these  laws.  But  it  was  well  understood  by  most  of  the  cit- 
izens that  these  complaints  were  uttered  only  by  those  in- 
terested in  that  traffic.  The  Secretary  of  the  Treasury  who 
had  proposed  the  law,  was  severely  censured,  as  if  he  were 
disposed  rather  to  tax  and  oppress  the  people,  than  to  guard 

*  John  Adams  was  alse  re-elected  Vice  President  by  a  plurality  of  votes. 

But  Gov.  Clinton  of  New  York  received  several  votes,  which  were 
given  by  those  who  were  originally  opposed  to  the  Constitution,  and  who  dis- 
approved of  some  of  the  leading  measures  of  the  federal  government. 


1793J  WASHINGTON.  57 

their  rights,  or  to  lay  light  burdens  on  them  ;  but  the  char- 
acter of  the  President  was  too  pure  and  lofty  to  be  assailed 
by  prejudice  or  party  spirit.  And  yet  strange  to  relate, 
soon  after  this  period,  such  was  the  malignity,  or  the  envy, 
or  the  ambition  of  a  very  few  men,  that  Washington  was 
insidiously  censured,  as  wanting  in  republican  sentiments, 
or  in  firmness  sufficient  to  oppose  the  plans  of  the  Secretary 
of  finance. 

When  General  Washington  appeared  in  the  Senate  cham- 
ber to  take  the  oath  of  office,*  required  by  the  Constitution, 
on  the  fourth  of  March,  1793,  he  observed,  "I  am  again 
called  upon,  by  the  voice  of  my  country,  to  execute  the 
functions  of  its  chief  magistrate.  When  the  occasion  proper 
for  it  shall  arrive,  I  shall  endeavor  to  express  the  high  sense 
I  entertain  of  this  distinguished  honor,  and  of  the  confidence 
which  has  been  reposed  in  me  by  the  people  of  the  United 
States.  Previous  to  the  execution  of  any  official  act  of  the 
President,  the  Constitution  requires  an  oath  of  office.  This 
oath  I  am  now  about  to  take,  and  in  your  presence,  that  if 
it  shall  be  found,  during  my  administration  of  the  govern- 
ment, I  have  in  any  instance  violated,  willingly  or  know- 
ingly, the  injunctions  thereof,  I  may,  besides  incurring  con- 
stitutional punishment,  be  subject  to  the  upbraidings  of  all 
who  are  now  witnesses  of  the  present  solemn  ceremony." 

The  office  of  the  President  for  the  first  four  years,  im- 
posed many  arduous  duties,  and  no  little  care  and  anxiety, 
in  giving  a  proper  direction  to  the  measures  and  policy  of 
the  new  government ;  but  the  satisfaction  of  having  per- 
formed this  patriotic  service  was  a  sufficient  reward  for 
such  a  man  as  George  Washington.  The  period,  however, 
had  arrived,  or  was  approaching,  when  the  misrepresenta- 
tions of  party  was  such,  as  induced  many  in  the  country, 
more  or  less  publicly,  to  censure  the  official  conduct  of  that 
illustrious  patriot ;  and  thus  to  give  great  disquiet  to  one 
who  deserved  nothing  but  gratitude  and  confidence,  and 
who  had  as  keen  sensibility  of  personal  honor  and  reputa- 
tion, as  of  moral  rectitude,  in  his  public  duties.  And  what 
greatly  imbittered  the  cup,  now  given  him  to  drink,  was  a 
belief  that  one  of  the  principal  officers  in  his  political  family, 
was  not  displeased  with,  but  probably  encouraged,  those 
unjust  and   cruel  aspersions.     Thus,  with  party  disputes, 

*  The  oath  was  administered  by  William  Cushing,  of  Massachusetts,  an  as- 
sociate Justice  of  the  Supreme  Court  of  the  United  States,  who  was  then  in 
Philadelphia,  Chief  Justice  Jay  not  being  present.  John  Langdon  of  New 
Hampshire,  was  then  President  pro  tern,  of  the  Senate,  and  many  members  of 
Congress,  which  closed  on  the  third  of  March,  1793,  were  also  present- 
8 


58  FEDERAL  GOVERNMENT.  [1793 

among  citizens  of  the  United  States,  and  hostile  aggressions 
or  threats  from  two  great  foreign  nations,  occasions  occurred 
for  the  exercise  of  all  his  firmness  and  decision,  in  a  wise 
and  patriotic  administration  of  the  government. 

Hostilities  with  the  Indian  tribes  on  and  northwest  of 
the  Ohio  river,  were,  indeed,  happily  suspended  in  1793 ; 
those  tribes  nearest  to  the  settlements  by  the  citizens  of  the 
United  States  having  entered  into  friendly  and  amicable 
treaties  with  the  national  rulers.  But  the  spirit  of  insubor- 
ordination,  and  of  opposition  to  the  excise  laws  continued 
in  the  interior  of  Pennsylvania,  with  unabated  indiscretion, 
and  some  acts  of  violence,  which  required  both  prudence 
and  energy  in  the  chief  magistrate ;  and  the  conduct  both 
of  Great  Britain  and  France,  towards  the  United  States, 
was  in  several  instances  such  as  to  demand  the  utmost 
caution  and  wisdom,  as  well  as  a  correct  knowledge  of 
European  politics,  at  that  most  interesting  period. 

The  government  of  England  was  watching  to  take  ad- 
vantage of  any  error  in  our  commercial  system,  for  the 
benefit  of  that  nation,  and  was  disposed  to  assert  all  those 
principles  of  monopoly  and  exclusion,  which  it  had  long  pre- 
viously maintained  in  Europe.  And  in  France  a  political 
revolution,  commencing  in  1789-90,  with  some  favorable 
auspices,  as  if  liberty  was  the  sole  object,  and  thus  securing 
the  sympathies  of  the  republican  citizens  of  the  United 
States,  was  now  raging  with  great  violence,  attended  by 
various  acts  of  oppression,  injustice,  and  personal  cruelty, 
so  as  to  unsettle  the  foundation  of  society  and  good  gov- 
ernment ;  and  this  dangerous  spirit  of  misrule,  this  rage  for 
innovation,  had  an  influence  with  the  leaders  of  that  nation, 
in  their  conduct  towards  all  other  governments.  They  in- 
sisted on  the  favor  and  aid  of  the  United  States,  in  the  con- 
test in  which  they  were  engaged  with  other  European  na- 
tions. They  pleaded  their  own  assistance,  formerly  grant- 
ed to  America,  in  the  war  for  liberty  and  independence 
against  England ;  and  declared  that  the  American  citizens 
were  bound  to  make  common  cause  with  France,  then  en- 
gaged in  war  with  the  despots  of  Europe,  as  they  said  all  the 
monarchs  in  that  quarter  of  the  world  ought  to  be  consid- 
ered. Had  there  been  but  one  voice  in  the  United  States, 
both  of  the  people  and  of  their  legislators,  and  that  voice  in 
harmony  with  the  chief  magistrate  of  the  Union,  dictated 
alike  by  patriotism,  intelligence,  and  sound  discretion,  far 
less  would  have  been  apprehended,  and  far  less  the  real 
danger  to  the  liberties  and  peace  of  the  country. 

France  and  England  had  long  been  rival  kingdoms,  and 


1793]  WASHINGTON.  59 

so  frequent  the  wars  between  them  for  several  centuries, 
that  they  were  considered  as  natural  enemies  to  each  other. 
In  the  third  and  fourth  years  of  the  French  revolution, 
which  began  in  1789,  the  factions  which  rapidly  suc- 
ceeded one  another,  the  outrages  and  cruelties  commit- 
ted, under  the  sacred  name  of  liberty,  and  the  threats  of 
that  nation  to  spread  their  wild  political  opinions  in  other 
kingdoms  of  Europe,  not  only  alarmed  Great  Britain,  but 
led  her  to  arm,  for  the  purpose  of  checking  the  revolution, 
and  of  restoring,  if  possible,  a  monarchical  government  to 
that  distracted  country.  In  their  hostility  towards  each 
other,  the  French  and  British  rulers  disregarded  and  violated 
neutral  rights;  and  while  the  former  insisted  on  the  United 
States  making  common  cause  with  them  against  monarchy, 
and  especially  against  the  British  nation,  the  latter,  sup- 
posing an  undue  partiality  for  France,  in  the  Americans,  com- 
mitted depredations  on  their  commerce,  either  to  deter  the 
United  States  from  showing  any  favor  to  the  French  people, 
or  to  injure  that  nation,  by  preventing  their  receiving  sup- 
plies from  America. 

A  new  minister  was  sent  to  the  United  States  in  1793, 
to  remind  the  people  of  their  obligations  to  the  French 
nation,  and  to  demand  gratitude  and  assistance  on  account 
of  benefits  received  from  that  country  in  the  war  of  the 
Revolution ;  and  he  treated  the  President  with  great  disre- 
spect, if  not  with  insolence,  by  presuming  to  dictate  what 
measures  he  should  adopt  to  favor  the  views  of  France. 
And  when  he  learnt  the  true  character  of  Washington,  who 
was  resolved  to  discharge  his  duty  to  the  country,  rather 
than  compromit  the  peace  of  the  nation,  he  had  the  pre- 
sumption to  appeal  to  the  people  at  large,  and  to  demand 
their  aid.  There  was  but  one  step  more  to  be  taken  to  de- 
grade and  dishonor  the  national  character ;  and  that  was 
taken  by  a  certain  portion  or  class  of  the  people,  in  justify- 
ing the  insolent  interference  of  this  foreign  agent. 

"War  had  now  taken  place  between  France  and  England ; 
and  while  many  in  the  United  States  were  disposed  to  take 
part  with  France,  from  motives  of  partiality  to  that  nation, 
or  considerations  of  policy,  or  a  love  of  republican  liberty, 
the  greater  portion  of  the  best  informed  and  most  prudent 
were  desirous  of  avoiding  a  close  alliance  with  either  of 
those  nations,  and  for  maintaining  a  neutral  position.  This 
was  the  decided  opinion  of  President  Washington;  and, 
after  consulting  with  the  members  of  his  Cabinet,  and  some 
other  confidential  friends,  he  issued  a  proclamation,  pro- 
hibiting all  interference  by  the  citizens  of  the  United  States, 


60  FEDERAL  GOVERNMENT.  [179 

especially  that  of  arming  by  sea  or  land,  in  aid  of  either 
nation  against  the  other.  The  immediate  cause  of  the 
proclamation  was  the  arming  of  vessels,  in  some  of  the 
southern  ports,  belonging  to  the  United  States,  with  com- 
missions from  the  French  government  and  its  agents,  to 
commit  depredations  on  the  commerce  of  Great  Britain. 

M.  Genet,  then  recently  arrived  as  Envoy  from  the 
French  government,  to  reside  in  the  United  States,  author- 
ized and  encouraged  these  proceedings,  so  inconsistent  with 
the  character  and  policy  of  the  federal  administration, 
which  had  resolved  to  maintain  neutral  ground  at  that 
time.  M.  Ternan,  the  immediate  predecessor  of  Genet,  had 
conducted  with  great  prudence  and  discretion,  in  his  official 
acts  and  communications  towards  the  American  govern- 
ment. The  present  minister  manifested  a  very  different 
spirit.  He  brought  with  him  from  France,  all  the  enthu- 
siasm for  liberty  and  revolutions,  which  then  prevailed  in 
that  nation,  and  which  would  allow  no  intercourse  with 
monarchical  governments,  but  denounced  them  all  as  oppres- 
sive and  tyrannical.  Like  the  extravagant  revolutionists  in 
that  nation,  he  demanded  that  all  the  friends  of  civil  liberty 
should  unite  in  Avar,  on  the  side  of  France,  and  that  the 
people  of  the  United  States,  especially  were  bound  to  assist 
his  nation.  He  could  not  brook  opposition  to  this  dan- 
gerous opinion,  nor  wait  for  the  proper  consent  and  sanction 
of  the  federal  rulers  ;  but  assumed  the  right  to  dictate 
measures  such  as  he  wished ;  and  when  his  plans  were  dis- 
approved and  declared  improper  by  the  President,  he  at- 
tempted, though  in  vain,  to  excite  the  people  against  the 
government.  Happily,  for  the  peace  and  honor  of  the 
United  States,  with  all  their  love  of  liberty,  the  people  had  a 
just  regard  for  civil  order  and  legitimate  authority ;  and  they 
gave  their  approving  voice  to  the  course  pursued  by  the 
executive,  in  frowning  upon  this  presumptuous  foreign 
agent. 

On  this  difficult  occasion,  the  President,  with  his  charac- 
teristic prudence,  sought  the  opinion  of  his  Cabinet,  to  whom 
he  submitted  the  following  inquiries,  in  April,  1793, — 
li  Shall  a  proclamation  be  issued  for  the  purpose  of  pre- 
venting the  interference  of  citizens  of  the  United  States  in 
the  war  between  France  and  Great  Britain  ?  Shall  it  con- 
tain a  declaration  of  neutrality?  What  shall  it  contain? 
Shall  a  minister  from  France  be  received?  and,  if  received, 
shall  it  be  absolutely,  or  with  qualification?  And  with 
what  qualifications,  if  any  ?  Are  the  United  States  obliged 
in  good  faith  to  consider  the  treaties  before  made  with 


1793]  WASHINGTON.  61 

France,  as  applying  to  the  present  situation  of  the  parties  ? 
May  they  renounce  them,  or  hold  them  suspended,  till  the 
government  of  France  is  established!  If  they  have  the 
right,  is  it  expedient  to  do  either :  and  which  ?  If  they 
have  an  option,  would  it  be  a  breach  of  neutrality  to  con- 
sider the  treaties  in  operation  ?  If  the  treaties  are  now  to 
be  considered  as  in  operation,  is  the  guarantee  in  the  treaty 
of  alliance  applicable  to  a  defensive  war  only,  or  to  war 
either  defensive  or  offensive?  Does  the  war  in  which 
France  is  now  engaged  appear  to  be  offensive,  or  defensive, 
on  her  part  ?  or  of  a  mixed  and  equivocal  character  ?  If, 
of  a  mixed  and  equivocal  character,  does  the  guarantee, 
in  any  event,  apply  to  such  a  war?  What  is  the  effect  of 
a  guarantee,  such  as  that  in  the  treaty  of  alliance  (1778) 
between  the  United  States  and  France  ?  Should  a  future 
regent  of  France  send  a  minister  to  the  United  States,  ought 
he  to  be  received ?  Is  it  advisable  to  call  Congress  together, 
with  a  view  to  the  present  posture  of  European  affairs?  " 

These  questions  fully  manifest  the  attention  and  anxiety 
of  the  provident  mind  of  Washington,  at  this  very  critical 
period.  He  was  sensible  of  the  delicacy  of  his  situation,  as 
chief  magistrate ;  and  while  he  must  have  been  aware  that 
he  was  to  give  the  tone  to  public  measures,  he  was  desirous 
of  obtaining  further  light  from  others,  than  that  which  he 
found  in  his  own  reflections.  The  difference  of  opinion  in 
his  Cabinet  was  particularly  unfortunate,  in  a  situation  so 
full  of  difficulty  and  doubt.  Still  he  had  the  firmness  to 
pursue  such  a  course  as  he  deemed  just  and  proper,  and  at 
the  same  time  such  as  promised  to  be  most  favorable  to  the 
interest  and  welfare  of  the  country.  He  well  knew,  that 
clamors  would  be  made,  and  censures  heaped  on  his  official 
character,  for  adopting  a  neutral  policy ;  as  indications  had 
already  been  given  in  various  parts  of  the  country,  in  favor 
of  uniting  the  destinies  of  the  United  States  with  those  of 
the  French  nation,  and  of  rushing  into  war  with  England, 
at  every  hazard.* 

*The  following  toast  was  given  at  a  festival  in  Philadelphia,  in  July,  1793, 
which  was  attended  by  respectable  citizens,  and  the  Governor  of  Pennsylvania 
was  a  guest.  "  May  the  sister  republics  of  France  and  America  be  as  incor- 
porate, as  light  and  heat  ;  and  the  man  who  endeavors  to  disunite  them,  be 
viewed  as  the  Arnold  of  his  country.  May  honor  and  probity  be  the  princi- 
ples, by  which  the  connections  of  free  nations  shall  be  determined  ;  and  no 
Machiavelian  commentaries  explain  the  text  of  treaties.  The  treaty  of  alliance 
with  France,  may  they  who  would  violate  or  evade  it,  be  deemed  traitors,  and 
consigned  to  infamy.  May  remorse  attend  that  man  who  would  think  of  op- 
posing the  French,  while  they  war  for  the  rights  of  man.  A  dagger  to  the 
bosom  of  that  man  who  makes  patriotism  a  cover  to  his  ambition." 


62  FEDERAL  GOVERNMENT.  [1793 

The  neutral  position  taken  by  the  administration,  as  to  the 
war  now  began  between  France  and  Great  Britain,  made 
it  proper  to  forbid  all  naval  armaments  in  the  ports  of  the 
United  States,  and  by  citizens  thereof,  against  either  of  the 
belligerent  powers,  and  this  was  accordingly  distinctly  and 
expressly  done,  in  the  summer  of  1793,  by  the  President,  in 
addition  to  his  proclamation  previously  issued.  The  oppo- 
sition party  of  that  period  censured  the  measure,  as  pusil- 
lanimous, as  well  as  ungrateful  to  the  French  people,  in 
whose  friendship  America  had  before  largely  shared.  One 
or  two  public  journals,  under  the  control  of  his  invidious 
political  enemies,  were  incessant  and  shameless  in  their 
criminations.  Washington  did  not  condescend  to  notice 
these  virulent  attacks,  in  a  public  manner ;  but  his  private 
letters  to  some  personal  friends  showed  that  he  was  not  in- 
sensible to  the  cruel  charges  brought  against  his  official 
character.  He  was  not  one  of  those  politicians,  who,  if 
sustained  by  the  majority,  disregarded  the  complaints  of 
other  portions  of  the  people  ;  but  being  a  sincere  patriot  and 
truly  desirous  of  the  prosperity,  the  welfare,  and  the  liberty 
of  the  United  States,  he  acted  from  honorable  and  pure 
motives,  in  public  as  well  as  private  concerns,  and  to  be  rep- 
resented as  an  enemy  to  civil  freedom,  or  as  regardless  of 
his  country's  true  glory,  was  therefore  more  than  even  he 
could  bear  without  deep  sensibility,  conscious  as  he  was  of 
patriotic  and  upright  intentions. 

The  public  conduct  of  M.  Genet,  at  first  wore  some  sem- 
blance of  moderation  and  propriety,  for  he  declared  France 
did  not  expect  the  United  States  to  join  that  nation  in  the 
war  with  England.  But  his  conduct  soon  after  discovered 
a  desire  to  excite  the  war  fever ;  and  if  the  measures  he 
recommended  to  be  pursued  had  not  been  checked  by  the 
President,  war  with  England  must  have  followed  in  a  short 
time.  He  gave  commissions  to  armed  vessels  in  the  ports 
of  the  United  States  to  attack  British  vessels,  and  he  as- 
sumed or  claimed  a  right  to  appoint  commissioners  to  de- 
cide on  the  validity  of  captured  vessels  brought  into  Amer- 
ican ports.  This  was  assuming  a  power  belonging  only  to 
the  supreme  executive  of  the  United  States,  and  a  juris- 
diction in  which  none  had  due  authority  but  the  federal 
courts  and  judges. 

When  this  presumptuous  attempt  to  exercise  authority 
within  the  United  States,  by  a  foreign  agent,  was  justly  re- 
buked by  the  President,  the  French  Envoy  became  still 
more  insolent ;  and  more  than  intimated  that  Washington 
was  a  secret  enemy  to  republican  freedom,  had  exceeded 


1793]  WASHINGTON.  63 

his  constitutional  power,  and  was  justly  obnoxious  to  the 
indignation  of  the  people  who  had  clothed  him  with  civil 
authority.  Genet  also  addressed  an  insolent  letter  to  the 
Secretary  of  State,  at  this  time,  denying  the  right  of  the 
President  to  revoke  his  recognition  and  permission  to  M. 
Duplaine  to  act  as  French  Consul  in  Massachusetts,  which 
had  been  done  on  account  of  his  improper  conduct. 

Genet  impugned  the  authority  of  the  President ;  and  pre- 
tended that  the  state  authority  of  Massachusetts,  or  the 
people,  had  the  sole  right  to  dismiss  the  consul.  This  min- 
ister of  France  was  chargeable  with  several  other  similar 
acts  of  gross  impropriety. 

The  President,  therefore,  requested  the  rulers  of  France 
to  recall  M.  Genet.  And  soon  after,  his  commission  was 
withdrawn,  and  a  successor  appointed  in  his  place.*  But 
if  more  prudent  than  Genet,  he  possessed  much  of  his 
spirit ;  and  like  him  urged  upon  the  government  of  the 
United  States  the  supposed  obligations  of  America  to 
make  common  cause  with  France,  which  it  was  alleged, 
was  engaged  in  support  of  civil  liberty  and  the  rights  of 
man. 

The  conduct  of  the  British  government,  at  this  period, 
added  to  the  difficulties  with  which  the  federal  administra- 
tion was  surrounded.  The  forts  on  Lake  Erie  and  vicinity, 
which  should  have  been  given  up  to  the  United  States,  ac- 
cording to  the  treaty  of  1783,  were  still  occupied  by  British 
forces,  though  the  President  had  frequently  complained  of 
the  high  impropriety  of  their  retention.  Most  of  the  States 
had  also  agreed  to  pay  the  debts  claimed  by  a  class  of 
refugees,  as  the  treaty  provided.  And  as  the  States  were 
sovereign  and  independent,  when  the  treaty  was  made,  the 
federal  government  had  not  an  entirely  undisputed  right  to 
enforce  payment.  It  did  recommend  a  compliance  with 
this  article  of  the  treaty,  and  the  States  very  generally  ad- 
mitted the  justice  of  the  measure,  and  made  provision  to  pay 
the  debts  claimed.  Still  the  western  parts  within  the  United 
States  were  occupied  by  the  British,  and  it  now  became 
proper  for  the  President  to  speak  with  more  emphasis  and 
decision,  on  the  subject,  to  the  Court  of  England.  Another 
act  of  the  British  ministry  added  to  the  public  reasons  for 
calling  on  that  nation  to  justify  its  conduct  towards  the 
United  States,  and  a  more  express  demand  for  justice  and 
good  faith.     The  British  government  had  often  advanced 


*  M.  Genet  remained  in  the  United  States  ;    and  afterwards  married  a 
daughter  of  Mr.  Clinton,  Governor  of  the  State  of  New  York. 


64  FEDERAL  GOVERNMENT.  [1793 

a  doctrine  relating  to  blockades,  which  the  other  nations  of 
Europe  denied,  or  admitted  with  reluctance,  under  peculiar 
circumstances.  With  a  view  to  annoy  and  distress  France, 
and  perhaps,  to  restrict  the  commerce  of  the  United  States, 
the  ministry  of  England  issued  orders,  prohibiting  the  im- 
portation of  grain  and  bread  stuffs,  as  well  as  warlike  stores, 
into  the  French  ports,  and  authorizing  the  seizure  of  ves- 
sels carrying  such  articles ;  and  thus  subjecting  a  great 
portion  of  American  vessels  and  their  cargoes  to  detention 
and  confiscation.  The  President  of  the  United  States  ex- 
pressly impugned  this  doctrine  ;  and  firmly  remonstrated 
against  it,  as  highly  injurious  to  the  commercial  interests 
of  the  country.  In  May,  1793,  the  national  convention 
of  France  adopted  an  order  similar  to  that  of  the  British 
above  mentioned,  in  which  it  was  declared,  "that  French 
ships  of  war  and  privateers  may  stop  and  bring  into  the 
ports  of  the  republic  such  neutral  vessels  as  are  loaded 
either  with  provisions  belonging  to  neutrals  and  destined  to 
an  enemy's  ports,  or  with  merchandise  belonging  to  an 
enemy."  "But  so  far  was  this  order  from  affecting  the 
the  sentiments  of  America  towards  France,  that  it  was 
scarcely  noticed."* 

Another  practice,  allowed  by  the  British  government, 
and  much  resorted  to  at  this  period,  which  produced  a 
great  excitement  in  the  United  States,  was  the  impress- 
ment of  seamen,  belonging  to  merchant  vessels  of  other 
nations  ;  though  generally  with  the  pretence  that  they  were 
British-born  subjects.  And  it  was  often  extremely  difficult 
to  distinguish  between  those  born  in  England  and  bona  fide 
Americans.  The  citizens  of  the  United  States  were  thus, 
in  many  instances,  pressed  into  the  naval  service  of  Great 
Britain.  The  rulers  of  England  did,  indeed,  disclaim  the 
right  of  impressing  those  who  could  prove  that  they  were 
Americans  ;  but  this  was  of  little  avail  in  practice,  such 
being  the  difficulty  of  producing  immediate  proof;  and 
most  of  the  British  naval  commanders,  when  in  need  of  re- 
cruits, would  not  go  into  the  inquiry,  but  conducted  in  a 
very  arbitrary  manner  in  this  respect. 

President  Washington  was  sensible,  that  a  crisis  was  ap- 
proaching which  would  involve  the  United  States  in  a  war 
with  England,  unless  another  effort  should  be  made  to 
avert  the  calamity  by  negotiation.  The  British  orders  in 
council  were  highly  injurious  to  the  commerce  of  the  United 
States,  and  the  impressment  of  American  seamen  was  still 

*  Judge  Marshall. 


1794]  WASHINGTON.  65 

more  irritating.  It  was  no  just  excuse,  that  the  French 
government  captured  American  merchant  vessels  under 
similar  pretexts,  and  treated  the  sailors  with  great  severity 
and  cruelty.  The  Envoy  from  the  United  States,  at  the 
court  of  London,  had  remonstrated,  by  order  of  the  Presi- 
dent, against  the  conduct  of  the  British,  hut  without  effect. 
And  the  voice  of  the  whole  people  was  in  favor  of  decisive 
measures  with  England  for  these  aggressions. 

In  1794,  therefore,  the  President  concluded  to  send  a 
special  Envoy  to  the  court  of  London,  to  make  known  the 
great  sensibility  of  the  American  government  and  people 
on  this  subject,  and  in  a  firm  and  manly  spirit  to  seek  re- 
dress ;  at  the  same  time,  to  give  assurances  of  a  sincere 
desire,  on  the  part  of  the  administration,  to  maintain  peace 
with  the  British  nation.  By  this  measure,  General  Wash- 
ington displayed  those  great  traits  of  character  for  which 
he  had  always  been  distinguished ;  which  united,  in  a 
happy  degree,  firmness  with  caution,  and  warm  patriotic 
feelings  with  just  sentiments  of  national  respectability  and 
honor. 

At  the  time  the  President  nominated  Mr.  Jay  as  a  special 
Envoy  to  England,  which  he  stated  to  the  Senate  was  a 
pacific  measure,  and  which  he  had  the  hope  would  prevent 
war  with  that  nation,  there  was  a  large  party  in  Congress 
which  proposed  to  coerce  Great  Britain  to  treat  the  United 
States  with  more  liberality  and  justice,  by  suspending  all 
commercial  intercourse  between  the  two  countries.  Reso- 
lutions for  that  purpose  had  been  introduced  into  the  House 
of  Representatives  by  Mr.  Madison,  a  very  distinguished 
member  from  Virginia ;  and  a  leader  of  the  party  then  op- 
posed to  the  general  policy  and  measures  of  the  adminis- 
tration. These  resolutions  were  in  accordance  with  a  re- 
port made  by  the  Secretary  of  State,  some  time  before  ;  and 
were  supported  by  those  in  favor  of  commercial  restrictions 
and  non-intercourse  with  England,  rather  than  of  further 
negotiation. 

It  was  contended,  that  the  refusal  to  trade  with  England, 
would  greatly  distress  her  commercial  and  manufacturing 
interests ;  and  would  soon  induce  her  rulers  to  seek  the 
friendship  and  secure  the  trade  of  the  United  States.  The 
proposition,  therefore,  though  made  by  the  President  to  the 
Senate,  as  was  constitutionally  proper,  for  a  special  em- 
bassy to  England,  was  opposed,  in  that  body,  by  those  not 
desirous  of  conciliating  that  haughty  nation,  as  it  was 
called.  The  propriety  of  the  measure  was  also  discussed 
in  the  House  of  Representatives,  and  warmly  combated, 
9 


66  FEDERAL  GOVERNMENT.  [1794 

as  inefficient  and  pusillanimous.  And  it  was  pretended 
that  the  adoption  and  execution  of  the  resolutions  for  non- 
intercoursej  would  produce  a  better  effect  than  an  extra 
mission. 

By  the  friends  of  the  administration,  it  was  contended, 
that  the  resolutions  would  irritate,  rather  than  coerce 
Great  Britain :  that  though  it  might  produce  some  incon- 
venience to  that  nation,  its  resources  and  its  naval  power 
were  such  as  to  sustain  her,  though  all  trade  were  at  an 
end  with  the  United  States  :  that  the  commerce  of  this 
country  would  suffer  severely,  and  the  effect  be  to  prevent 
the  prosperity  of  America,  and  greatly  to  reduce  the  reve- 
nue, so  necessary  to  pay  the  public  debt ;  and  that  a  new 
attempt  to  negotiate  would  probably  succeed,  and  thus  the 
evils  of  war  be  averted.* 

A  great  constitutional  question  arose  in  1793,  relating  to 
the  powers  of  the  federal  courts,  and  whether  a  State  was 
amenable  to  their  jurisdiction.  The  question  came  up,  on 
the  occasion  of  the  State  of  Georgia  having  been  sued  be- 
fore a  court  of  the  United  States,  by  a  citizen  of  South  Car- 
olina; and  Massachusetts,  by  an  alien,  and  a  subject  of  the 
King  of  Great  Britain.  The  case  in  which  the  State  of 
Georgia  was  defendant  was  brought  before  the  court,  and 
the  majority  of  the  Justices  of  the  Supreme  gave  an  opinion 
for  sustaining  the  suit,  as  constitutional;  which  was 
founded  in  the  second  section  of  the  third  article  of  the  fed- 
eral compact;  which  gives  the  Judiciary  of  the  United 
States  authority  to  decide  in  "  controversies  between  two 
or  more  States  ;  between  a  State  and  citizens  of  another 
State ;  between  citizens  of  different  States  ;  and  between  a 
State  and  the  citizens  thereof,  and  foreign  States,  citizens  or 
subjects."  One  of  the  Judges,  however,  expressed  doubts 
whether  the  Constitution  intended  to  give  such  authority 
to  the  federal  courts ;  as  it  would  be  a  denial  of  the  sove- 
reignty of  the  States. 

The  suit  commenced  against  the  State  of  Massachusetts 
was  not  brought  to  trial ;  for  the  legislature,  at  a  special 
session  in  September,  1793,  called  by  the  Governor,  to  con- 
sider the  subject,  soon  after  he  had  been  served  with  a  legal 
process,  or  notice,  from  the  federal  court,  as  a  principal 
officer  or  agent  of  the  State,  to  appear,  and  make  answer 

*  The  members  of  the  House  of  Representatives  who  opposed  these  reso- 
lutions, were  Smith,  of  South  Carolina  ;  Smith,  of  Maryland  ;  Ames,  Good- 
hue, and  Dexter,  of  Massachusetts  ;  Hartley,  and  Fitzsimmons,  of  Pennsyl- 
vania ;  Tracy,  and  Hillhouse,  of  Connecticut  ;  and  others. 


1794]  WASHINGTON.  67 

before  the  court,  declined  to  answer.  Similar  notice  was 
given  to  the  Attorney  General  of  the  State,  and  served  by 
the  marshal  of  the  United  States.  The  Governor  declined 
obeying  the  summons,  or  employing  counsel ;  but  issued  a 
proclamation  for  an  extra  meeting  of  the  legislature. 

In  his  speech  to  the  legislature,  the  Governor  says, — "  I 
cannot  conceive  that  the  people  of  this  Commonwealth, 
when  by  their  representatives  in  Convention,  they  adopted 
the  federal  compact,  expected  a  State  should  be  held  liable 
to  answer  on  compulsory  civil  process,  to  an  individual  of 
another  State,  or  of  a  foreign- kingdom.  Three  judges  of 
the  United  States  having  given  it  as  their  opinion  that  the 
several  States  are  thus  liable,  the  question  becomes  highly 
important  to  the  people."  After  stating  the  consequences, 
which  he  apprehended  would  result  from  this  doctrine,  he 
suggested  the  propriety  of  preparing  a  proposition,  by  the 
legislature,  for  an  additional  article  to  the  federal  Consti- 
tution, in  which  the  sovereignty  of  a  State  should  be  so  far 
secured,  as  not  to  be  liable  to  a  civil  suit  in  the  Courts  of 
the  United  States,  at  the  instance  of  an  individual,  whether 
a  citizen  of  the  United  States,  or  of  a  foreign  country.  He 
considered  this  the  most  proper  course,  and  most  for  the 
peace  and  harmony  of  the  Union ;  at  the  same  time  he  ex- 
pressed an  opinion  in  favor  of  State  rights,  and  of  the  sove- 
reignty of  the  States,  in  all  cases  not  expressly  or  plainly 
prohibited  by  the  federal  Constitution. 

In  this  speech,  the  Governor  also  observed,  "  The  great  ob- 
ject presented  to  us  by  our  political  situation,  is  the  support 
of  the  general  government,  and  affording  force  and  efficacy 
to  its  functions,  without  destroying  the  powers  which  the 
people  have  vested  in  and  reserved  to  the  State  govern- 
ments. A  consolidation  of  all  the  States  into  one  govern- 
ment would  at  once  endanger  the  nation  as  a  republic,  and 
eventually  divide  the  States  now  united,  or  eradicate  the 
principles  for  which  we  have  contended.  It  is  much  less 
hazardous  to  prevent  the  establishment  of  a  dangerous  or 
erroneous  precedent,  than  to  attempt  to  contravene  it,  after 
it  has  obtained  a  place  in  a  civil  constitution."* 

The  legislature  sustained  the  views  of  the  Governor,  by 
a  large  majority,  though  several  members  of  talents  and 
learning  contended  that  a  State  was  liable  to  an  action  in 
a  civil  suit ;  that  it  ought  to  do  justice  according  to  the  de- 
cision of  an  impartial  tribunal ;  that  there  was  none  other, 

*  Governor  Hancock  died  the  first  of  October,  at  the  age  of  56,  and  only 
ten  days  after  this  meeting  of  this  legislature  ;  greatly  lamented  as  an  ardent 
patriot  and  a  sincere  republican. 


68  FEDERAL  GOVERNMENT.  [1794 

for  such  purpose  than  the  Courts  of  the  United  States,  and 
that  the  opinion  of  the  Judges  of  that  Court  was  correct. 
The  resolution  passed  by  the  legislature  of  Massachusetts, 
on  the  occasion,  was  as  follows — "  That  a  power  claimed, 
or  which  may  be  claimed,  of  compelling  a  State  to  become 
a  defendant  in  a  Court  of  the  United  States,  at  the  suit  of 
an  individual,  or  individuals,  is  (in  the  opinion  of  this 
legislature)  unnecessary  and  inexpedient ;  and,  in  its  ex- 
ercise, dangerous  to  the  peace,  safety,  and  independence  of 
the  several  States,  and  repugnant  to  the  first  principles  of 
a  federal  government."  A  resolution  was  also  adopted 
by  the  legislature,  to  instruct  the  Senators  and  to  request 
the  Representatives  in  Congress  from  Massachusetts,  to  use 
their  efforts  for  obtaining  an  amendment  to  the  federal 
Constitution,  which  should  prevent  a  State  from  being 
amenable,  in  a  civil  suit,  to  the  Courts  of  the  United  States. 
In  1794,  Congress  proposed  such  an  article  to  be  added  to 
the  Constitution ;  and  in  1798,  it  was  officially  announced 
by  the  President  of  the  United  States,  that  the  requisite 
majority  of  State  legislatures  had  approved  and  adopted  it. 
It  is  the  eleventh  article  of  those  added  to  the  Constitution  ; 
and  it  is  as  follows — "  The  judicial  power  of  the  United 
States  shall  not  be  construed  to  extend  to  any  suit  in  law 
or  equity,  commenced  or  prosecuted  against  one  of  the 
United  States,  by  citizens  of  another  State,  or  by  citizens 
or  subjects  of  any  foreign  State." 


X794]  WASHINGTON.  69 


CHAPTER  IV. 

Third  Congress,  December  1793.  Fears  of  War  with  England  or  France. 
President's  Speech.  Debts  of  the  Separate  States.  Comparison  of  them. 
Mr.  Jefferson  resigns  his  Office  as  Secretary  of  State.  Judge  Jay's  Special 
Envoy  to  England.  Jealousy  of  that  Nation.  Portugal.  Algerine  Depre- 
dations. Embargo.  Regular  Troops  of  the  United  States  Increased.  Dif- 
ficulty with  Spain.  Discontents  and  Opposition  in  Pennsylvania.  Firm  and 
Mild  Measures  of  Federal  Executive.  Second  Session  of  Third  Congress. 
Power  over  Militia.  Discipline  of  them.  Reduction  of  Public  Debt  Urged. 
Opposition  to  the  Administration. 

When  the  third  Congress  met,  December,  1793,  (consist- 
ing of  about  110  members,)  the  public  mind  was  highly- 
anxious  respecting  the  destiny  of  the  country;  through 
fear  of  a  war  with  France  or  England,  against  both  which 
there  was  just  causes  of  complaint,  and  by  the  excitement 
of  national  pride  and  honor,  at  the  highly  improper  inter- 
ference of  the  French  minister  with  the  measures  of  the 
federal  government.  The  speech  of  the  President  to  the 
national  legislature,  on  this  occasion,  "  was  moderate,  firm, 
dignified  and  interesting."*  He  first  referred  to  his  re-elec- 
tion, to  which,  he  said,  he  had  consented  by  the  pressing 
request  of  many  of  his  most  judicious  friends,  contrary  to 
his  own  inclination ;  and  he  expressed  the  hope,  that  his 
services  might  be  useful  and  acceptable  to  his  fellow-citizens. 
He  then  referred  to  his  proclamation  of  neutrality  in  the 
present  crisis,  as  he  deemed  it  an  imperious  duty  to  ad- 
monish the  citizens  of  the  consequences  of  a  contraband 
trade,  as  well  as  of  all  hostile  acts  towards  either  of  the 
belligerent  nations  in  Europe.  He  recommended  that  the 
country  be  put  in  a  state  for  efficient  defence  against  any 
foreign  invading  foe ;  and  he  also  referred  to  the  very  im- 
proper and  offensive  conduct  of  the  French  minister  near 
the  United  States. 

The  answer  of  both  Houses  of  Congress  were  expressive 
of  their  entire  confidence  in  the  upright  views  of  the  Presi- 
dent, and  of  the  correctness  of  the  measures  which  he  had 
adopted.  And  while  strong  feelings  of  indignation  were 
displayed  by  the  majority  respecting  the  extraordinary 
conduct  of  the  French  minister,  as  disclosed  by  the  Pres- 

*  Marshall. 


70  FEDERAL  GOVERNMENT.  [1794 

ident,  no  one  appeared  so  lost  to  sentiments  of  national 
honor,  or  a  regard  to  the  welfare  of  the  country,  as  publicly 
to  offer  any  apology  for  him.  Anonymous  writers  in  some 
newspapers,  however,  vainly  attempted  to  justify  or  to  ex- 
cuse his  conduct. 

During  this  session,  the  Commissioners  appointed  to  ex- 
amine and  adjust  the  accounts  of  the  several  States,  for 
expenses  and  advances  in  the  war  of  the  Revolution,  made 
a  report  to  Congress  ;  in  which  was  stated  the  balances 
due  to  each.  The  creditor  States  were  seven ;  Massachu- 
setts and  South  Carolina  had  the  greatest  claims,  amount- 
ing to  1,200,000  dollars  each ;  the  other  creditor  States  were 
Connecticut,  New  Hampshire,  Rhode  Island,  New  Jersey, 
and  Georgia  ;  all  the  other  were  debtor  States. 

When  the  act  for  an  excise,  or  duty,  on  carriages  was 
discussed,  it  was  objected  that  it  would  operate  unequally  ; 
that  it  was  of  the  nature  of  a  direct  tax  ;  and  should, 
therefore,  be  imposed  on  all  ;  and  that  no  tax  but  of  this 
character  could  be  constitutionally  collected.  Mr.  Sedg- 
wick, of  Massachusetts,  maintained  that  the  Constitution, 
not  only  allowed  Congress  to  lay  duties  and  imposts,  but 
taxes  and  excises  ;  that  direct  taxes  were  to  be  laid  accord- 
ing to  the  ratio  of  population ;  but  that  an  excise  was 
rather  of  the  nature  of  imposts,  as  it  was  raised,  not  on  ar- 
ticles of  necessity,  but  of  superfluity  and  luxury,  and  was 
therefore  voluntary ;  and  that  an  excise  on  pleasure  car- 
riages was  as  proper  as  a  duty  on  wine  or  tea,  and  would 
fall  only  on  the  rich.  The  real  objection,  with  many,  to  this 
mode  of  raising  a  revenue,  was,  that  it  had  been  proposed 
by  the  Secretary  of  the  Treasury,  Mr.  Hamilton,  in  his 
report,  all  whose  plans  were  opposed  by  certain  members 
of  Congress.  It  was  also  popular  to  clamor  against  an  ex- 
cise ;  the  name  even  being  odious  to  the  people  in  most 
parts  of  the  country. 

Towards  the  close  of  the  year  1 794,  Mr.  Jefferson,  the  first 
Secretary  of  State,  resigned  his  office,  and  retired  from  the 
administration  of  the  federal  government.  He  had  enter- 
tained different  views  from  the  President  and  the  majority  of 
the  Cabinet,  on  some  of  the  most  important  measures  pro- 
posed and  adopted  by  Washington.  It  was  also  supposed 
that  he  was  induced  to  this  act  by  finding  that  Mr.  Hamilton, 
the  Secretary  of  the  Treasury,  had  more  influence  with  the 
President  than  himself.  By  the  request  of  General  Wash- 
ington, Mr.  Jefferson  remained  in  office  several  months, 
after  he  tendered  his  resignation.  Washington  was  under 
an  undue  influence  from  no  man ;  but  he  considered  the 


1794]  WASHINGTON.  71 

plans  and  views  of  the  Secretary  of  the  Treasury,  and  of 
War,  more  correct  for  vindicating  the  honor  and  welfare  of 
the  United  States,  than  those  of  Mr.  Jefferson  and  Mr. 
Madison.  General  Knox,  the  Secretary  of  War,  had  no 
unpleasant  collisions  with,  nor  personal  jealousies  of  the 
Secretary  of  State,  but  he  had  perfect  confidence  in  the  pat- 
riotism and  wisdom  of  the  President. 

In  April,  1794,  the  President  nominated  to  the  Senate, 
John  Jay,  then  Chief  Justice  of  the  Supreme  Court  of  the 
United  States,  as  Envoy  Extraordinary  to  the  Court  of 
London  ;  and  he  expressed  his  opinion  to  that  body,  that 
the  crisis  demanded  such  a  measure — that  he  had  no  want 
of  confidence  in  the  minister  from  the  United  States  then 
near  the  British  Courts,  (Mr.  Pinckney  of  South  Carolina,) 
but  that  a  special  Envoy  might  have  an  additional  influ- 
ence with  the  government  of  England ;  and  that  if  he  were 
unsuccessful  in  his  efforts  to  preserve  peace,  and  to  induce 
that  nation  to  do  justice  to  the  United  States,  the  duty  of  a 
resort  to  force,  in  defence  of  our  rights,  would  be  manifest 
to  the  world,  and  that  but  one  opinion  would  prevail 
among  the  American  people  on  the  subject. 

In  addition  to  the  reasons  for  such  a  mission,  to  which 
reference  has  already  been  made,  a  peace  had  taken  place, 
by  the  advice  and  influence  of  the  British  ministry,  between 
Portugal  and  the  Dey  of  Algiers — and  the  vessels  of  the 
latter  were  thus  at  leisure  to  depredate  on  the  commerce  of 
the  United  States.  They  took  several  vessels  belonging  to 
American  citizens,  confiscated  the  cargoes,  and  imprisoned  the 
crews,  or  obliged  them  to  work  in  their  gallies.  So  jealous 
were  many  persons  in  the  United  States,  at  that  period  of  the 
inimical  disposition  of  England  towards  this  country,  that 
they  attributed  the  peace  between  Algiers  and  Portugal  to 
a  design  in  the  British  Cabinet  to  harass  and  distress  the 
navigation  and  trade  of  America.  This,  however,  was  dis- 
avowed by  the  British  ministry,  and  probably  was  not  a 
premeditated  plan.  But  no  one  who  was  impartial  in  his 
feelings,  could  hesitate  to  acknowledge,  that  the  Court  of 
London  was  disposed  to  find  a  plea  for  imposing  restraints 
on  the  commerce  of  the  United  States,  whether  it  were  in 
friendship  to  other  nations,  or  from  hatred  to  France,  with 
which  it  was  at  war. 

In  the  dispute  with  Spain  at  this  period,  the  interests  of 
the  United  States,  especially  of  the  western  parts,  on  the 
Mississippi,  were  deeply  involved ;  and  the  citizens  of  the 
newly  formed  State  of  Kentucky,  complained  that  their 
rights  were  not  duly  regarded  by  the  government.     They 


72  FEDERAL  GOVERNMENT.  [1794 

meditated  an  attack  on  the  Spanish  settlements  on  that 
river;  to  which  they  were  instigated  or  encouraged  by  M. 
Genet,  the  French  minister.  They  were  even  more  un- 
reasonable in  their  complaints,  and  more  precipitate  in  their 
movements  than  the  people  of  Maine,  at  a  very  recent 
period.  They  resolved  on  the  enterprise,  and  made  prepar- 
ations to  conduct  it,  without  consulting  the  federal  execu- 
tive; thus  hazarding  the  peace  of  the  United  States  for 
their  own  peculiar  interest.  Efforts  had  long  been  previ- 
ously but  unsuccessfully  made  to  form  a  treaty  with  Spain, 
respecting  the  bounds  between  her  territory  on  the  Missis- 
sippi and  the  United  States.  In  1794,  Mr.  Pinckney,  then 
resident  minister  at  the  British  Court,  was  sent  to  Madrid, 
and  in  a  few  months  agreed  on  a  treaty  with  the  Spanish 
government,  which  was  accepted  and  exchanged  in  1795, 
by  which  the  controversy  was  happily  adjusted,  and  the 
free  navigation  of  the  Mississippi  was  secured  to  the  citi- 
zens of  the  United  States. 

The  dangers,  which  then  threatened  the  United  States, 
both  from  England  and  France,  neither  of  which  discov- 
ered a  friendly,  or  conciliating  spirit  towards  this  country, 
had  induced  the  President  to  recommend  measures  for  de- 
fence, should  the  exigency  unfortunately  occur  to  make 
such  preparation  proper.  During  the  first  session  of  the 
third  Congress,  and  in  April,  May,  and  June,  1794,  several 
acts  were  passed  for  this  purpose.  The  depredations  on 
commerce  were  so  great,  that  an  embargo  was  laid  in  April, 
for  the  term  of  thirty  days  ;  and  at  the  expiration  of  that 
period,  for  thirty  days  more.  And  before  Congress  ad- 
journed, which  was  in  June,  a  law  was  passed  authorizing 
the  President  to  impose  and  revoke  embargoes,  during  the 
recess  of  the  federal  legislature,  and  to  extend  only  fifteen 
days  after  the  beginning  of  the  next  session.  An  Act  of 
Congress  was  passed  at  this  session,  for  raising  seven  hun- 
dred and  sixty  officers  and  privates,  for  artillery  and  engi- 
neer corps,  should  the  executive  please  to  adopt  such  a 
measure.  And  the  President  was  also  authorized  to  call 
on  the  Governors  of  the  several  States  for  the  militia,  if 
circumstances  should  render  it  necessary  for  the  defence  of 
the  country,  to  the  number  of  eighty  thousand  in  the 
whole.  But  it  was  provided,  that  each  State  executive  or 
authority  should  appoint  the  officers  of  the  militia.  Au- 
thority was  likewise  given  the  President  to  repair  and  erect 
fortifications  at  various  points  on  the  Atlantic  seaboard, 
from  Portland  to  Savannah,  and  sixteen  places  were  named 
for  that  purpose.     He  was  further  empowered  to  build  or 


1794]  WASHINGTON.  73 

purchase  ten  vessels  of  war  for  defence.  An  augmentation 
of  duties  on  some  imported  goods  was  laid  at  this  session ; 
and  an  excise  on  pleasure  carriages ;  on  the  retail  of  wine 
and  foreign  distilled  spirits ;  and  on  sales  at  auction.  By 
this  Congress  also,  an  act  was  passed  in  June,  declaring  it 
to  be  a  crime  against  the  United  States,  with  heavy  penal- 
ties annexed,  for  any  citizen  to  accept  and  exercise  a  com- 
mission to  serve  a  foreign  Prince  or  State,  in  war,  by  land 
or  sea  ;  or  for  any  person,  within  the  territory  or  jurisdic- 
tion of  the  United  States,  to  enlist  or  enter  himself,  or  to 
hire  or  retain  another  person  to  enlist  and  enter  himself  in 
the  service  of  any  foreign  Prince  or  State ;  or  to  convey 
him  beyond  the  limits  of  the  United  States,  so  to  enlist  and 
enter  on  board  any  vessel  of  war,  privateer,  &c.  The  fit- 
ting out  of  vessels  in  the  ports  and  harbors  of  the  United 
States,  or  giving  commissions  to  persons  to  command  them, 
which  were  intended  to  commit  depredations,  on  other  na- 
tions or  subjects  thereof,  were  also  constituted  crimes  or 
high  misdemeanors.  While  the  bill  for  this  purpose  was 
before  Congress,  it  met  with  warm  and  powerful  opposition 
from  those  who  were  friendly  to  the  French  nation,  and 
wished  to  unite  the  destiny  of  the  United  States  and  France 
in  the  great  cause  of  liberty,  and  who  had  disapproved  of 
the  neutral  policy  of  the  President.  In  several  stages  of 
the  passage  of  the  bill,  the  number  in  the  Senate  against 
was  the  same  as  that  for  it,  and  was  decided  by  the  vote  of 
the  Vice  President,  who  is  allowed  to  give  a  vote  only  when 
the  Senate  is  divided  on  any  question.  The  bill  was  at 
last  passed  by  his  casting  vote ;  and,  but  for  a  singular 
circumstance,  the  vote  would  have  been  against  it  by  a 
majority  of  one.* 

Before  M.  Genet,  the  French  minister,  was  recalled,  be- 
sides other  highly  improper  acts,  as  interfering  with  the 
measures  of  the  President,  directing  the  arming  of  vessels 
in  the  ports  of  the  United  States,  and  giving  commissions 
to  persons  to  command  them,  to  capture  British  vessels  ;  he 
projected  an  attack  on  the  Spanish  territory  and  settlements 
on  the  Mississippi,  and  instigated  a  number  of  the  citizens 
of  the  Union  to  engage  in  the  enterprise  without  any  au- 
thority from  the  federal  government,  and  at  the  direct  hazard 
of  a  war  with  Spain.     He  sent  agents  to  the  new  State  of 

*  Mr.  Gallatin  was  then  a  Senator  from  Pennsylvania.  But  his  seat  was 
declared  vacant  a  very  short  time  before  the  vote  on  the  bill ;  it  having  been 
objected  and  proved  that  he  had  not  been  a  citizen  of  that  State  for  the  number 
of  years  required  by  the  Constitution. 

10 


74  FEDERAL  GOVERNMENT.  [1794 

Kentucky,  with  directions  to  raise  men  to  go  against  New- 
Orleans,  and  other  places  in  possession  of  Spain,  whose 
title  to  the  river  and  country  adjacent  was  then  undis- 
turbed. The  people  of  Kentucky  readily  promised  to  engage 
in  this  unlawful  expedition ;  and  the  Governor  of  the  State, 
with  most  of  the  public  men,  encouraged  the  hostile  project. 
They  presented  a  petition  to  the  President,  and  requested 
aid  from  the  regular  army ;  and  when  this  was  declined, 
they  complained  of  him  as  unfriendly  to  the  liberties  of  the 
people,  and  insisted  that  the  federal  government  ought  to 
dispossess  the  Spanish  by  force,  and  demand  the  free  nav- 
igation of  the  Mississippi  by  the  citizens  of  the  United 
States.  They  had  caught  the  disorderly  spirit  of  the 
French  minister,  from  his  agents,  sent  among  them ;  and 
seemed  resolved  to  involve  the  country  in  war  with  Spain, 
by  invading  her  rightful  territories.  The  cares  and  anxiety 
of  the  President  were  much  increased  by  this  strange  con- 
duct ;  but  his  united  firmness  and  prudence  put  a  stop  to 
the  projected  enterprise,  and  averted  a  war  with  the  Span- 
ish nation. 

The  opposition  to  the  act  of  Congress,  for  an  excise  or 
duty  on  distilleries  and  on  spirits  distilled  in  the  United 
States,  had  now  been  manifested  in  the  northwestern  coun- 
ties of  Pennsylvania,  for  two  years ;  and  notwithstanding 
the  proclamation  of  the  President,  and  other  measures, 
short  of  military  force,  which  had  been  adopted,  to  warn 
the  people  against  all  further  attempts  or  threats  to  prevent 
the  execution  of  the  law,  the  conduct  of  the  discontented 
became  more  and  more  violent,  accompanied  by  resolutions 
publicly  made,  that  the  excise  should  not  be  collected, 
and  that  they  would  oppose  all  efforts  on  the  part  of  the 
federal  government,  to  carry  the  law  into  operation.  The 
President  issued  a  second  proclamation,  to  prevent,  if  pos- 
sible, the  further  disorderly  acts  of  the  discontented,  and  to 
leave  no  suitable  measure  untried  on  his  part,  to  preserve 
the  peace  of  the  community.  But  in  his  firm  resolution  to 
sustain  the  law  and  to  support  the  authority  of  the  govern- 
ment, he  did  not  waver  or  hesitate.  As  authorized  by  an 
act  of  Congress,  agreeable  to  a  clause  in  the  Constitution 
to  call  out  the  militia  to  execute  the  laws  of  the  Union,  he 
made  requisition  for  twelve  thousand  men,  and  soon  after  for 
fifteen  thousand,  on  the  Governors  of  Virginia,  Maryland, 
Pennsylvania,  and  New  Jersey,  to  be  in  readiness  for 
marching  at  his  command,  to  quell  any  insurrectionary 
force  which  might  appear  to  oppose  the  due  operation  of 


1794]  WASHINGTON.  75 

the  laws.*  Still,  a  preliminary  measure  of  a  pacific  char- 
acter was  adopted,  which  was  the  appointment  of  com- 
missioners, to  be  joined  by  such  others  as  should  be  se- 
lected by  the  Governor  of  Pennsylvania;  who  should 
proceed  to  the  discontented  counties,  offer  pardon  for  past 
disorders,  and  confer  with  a  committee  from  the  disaffected 
citizens,  for  the  purpose  of  terminating  the  opposition, 
which  had  disgraced  the  character  of  the  nation,  and 
threatened  to  destroy  entirely  the  authority  of  the  general 
government. 

The  second  session  of  the  third  Congress  was  began  and 
holden  at  Philadelphia  in  November,  1794,  the  time  fixed 
by  law  before  the  adjournment  in  June  of  that  year.  The 
speech  of  the  President  to  Congress  on  this  occasion,  referred 
particularly  to  the  insurrection  in  Pennsylvania,  and  to  ex- 
ecutive measures  for  suppressing  it.  The  constitution  makes 
the  President  of  the  United  States  Commander  in  Chief  of 
the  militia  when  called  into  the  service  of  the  Union  ;  and 
in  this  capacity,  he  had  visited  the  places  of  general  ren- 
dezvous, to  obtain  full  and  correct  information,  that  his  fu- 
ture movements  with  the  militia  might  be  the  most  proper 
and  efficient.  While  he  found  among  some  of  the  people  a 
spirit  inimical  to  all  law  and  order,  he  was  gratified,  he 
said,  to  observe  the  alacrity  and  promptitude  with  which 
the  citizens  generally  came  forward  to  assert  the  dignity  of 
the  laws  ;  thereby  furnishing  an  additional  proof  that  they 
understood  the  true  principles  of  government  and  liberty, 
and  were  convinced  of  their  inseparable  union.  But  let  the 
people,  he  added,  "  persevere  in  their  patriotic  vigilance 
over  that  precious  depository  of  American  happiness,  the 
Constitution  of  the  United  States.  And  when,  in  the  calm 
moments  of  reflection,  they  shall  have  retraced  the  origin 
and  progress  of  the  insurrection,  let  them  determine  whether 
it  has  not  been  fomented  by  combinations  of  men,  who, 
careless  of  consequences,  and  disregarding  the  unerring 
truth,  that  those  who  arouse  cannot  always  stay  a  civil 
convulsion  ;  have  disseminated,  from  an  ignorance  or  per- 

*  This  act  of  Congress  for  calling  out  the  militia  to  execute  the  laws  of  the 
Union,  &c.  provided  that  the  President  might  employ  the  militia  of  other 
States,  if  the  militia  of  the  State  wherein  the  combination  and  opposition  ex- 
isted, should  refuse,  or  be  found  insufficient.  It  also  provided  as  a  prelim- 
inary to  a  call  for  the  militia  in  such  cases,  that  an  associate  justice,  or  a  judge 
of  the  district  court,  should  certify,  that  there  was  an  opposition  to  the  due  exe- 
cution of  law,  which  could  not  be  suppressed  without  employing  the  militia.  The 
President  was  duly  certified,  that  such  was  then  the  fact  ;  and  it  was  also  rep- 
resented to  him  that  the  aid  of  militia  from  neighboring  States  would  be  neces- 
sary.    The  expense  of  suppressing  this  insurrection  was  $  1,100,000. 


76  FEDERAL  GOVERNMENT.  [1794 

version  of  facts,  suspicions  and  jealousies,  and  unfounded 
accusations  of  the  whole  government.7' 

This  systematic  and  determined  opposition  to  law,  in 
a  large  portion  of  the  citizens,  was  a  matter  of  deep  regret 
to  the  friends  of  a  republican  government.  It  was  evidence 
of  very  crude  and  erroneous  notions  of  civil  liberty,  which, 
if  not  corrected,  would  soon  produce  a  state  of  complete 
anarchy.  Surely  it  needed  but  little  reflection,  to  have 
convinced  even  the  common  class  of  people,  that  the  public 
debt,  necessarily  incurred  in  the  war  of  the  Revolution, 
must  be  paid,  and  the  expenses  of  government  promptly 
provided  for.  The  defensive  war,  on  the  western  frontiers, 
against  the  Indian  tribes,  who  were  destroying  the  peace- 
able citizens  in  that  section  of  the  country,  was  also  justi- 
fied by  considerations  of  humanity,  as  well  as  from  a  re- 
gard to  future  national  prosperity;  and  the  measure  required 
a  large  increase  of  taxes  or  revenue.  But  the  people  were 
persuaded  into  the  belief,  that  the  excise  originated  in 
views,  similar  to  taxes  imposed  on  them  by  the  British 
parliament,  in  1775  :  that  it  was  an  oppressive  and  needless 
burthen,  which,  as  freemen,  they  ought  not  to  bear.  So 
liable  are  the  people  to  err;  especially  under  new  burthens, 
and  when  party  politicians  are  busy  in  the  work  of  misrep- 
resenting the  views  of  rulers,  and  in  exciting  the  passions 
of  the  uninformed. 

The  conduct  of  the  President,  on  this  occasion,  as  well 
as  that  still  more  embarrassing  one,  presented  by  the  treat- 
ment received  from  England  and  France,  was  a  model  for 
all  rulers  and  statesmen,  who  are  chiefly  desirous  of  the 
welfare  of  their  country.  His  energy  and  firmness  of  char- 
acter were  sufficient  for  the  crisis,  in  both  cases  ;  while  his 
prudent  and  conciliating  course  satisfied  the  impartial 
and  reasonable,  among  both  foreign  and  domestic  aggres- 
sors. In  his  hands,  the  honor  and  respectability  of  the 
nation  were  perfectly  safe ;  nor  was  its  welfare  less  secure, 
guarded  by  his  wisdom  and  moderation.  He  was  resolved 
to  support  the  dignity  of  government,  and  to  maintain  the 
constitutional  liberties  of  the  people.  Clamours  and  cen- 
sures, from  temporary  excitement,  or  from  mistaken  views 
of  his  upright  and  patriotic  purposes,  did  not  move  him ; 
he  sought  chiefly  the  true  and  permanent  prosperity  of  the 
Union,  and  yet  he  was  not  indifferent  to  the  approbation  of 
the  intelligent  and  virtuous  portion  of  the  community.* 

*  The  sound  views  of  the  President,  on  this  occasion,  are  concisely  expressed 
in  a  letter  to  one  of  his  particular  friends.     "  The  real  people,  suddenly  as- 


J794]  WASHINGTON.  77 

The  President  embraced  this  occasion  for  recommending 
a  permanent  system,  by  Act  of  Congress,  for  regulating  the 
militia;  for  arming,  organizing  and  disciplining  them;  and 
thus,  "to  provide  for  calling  them  forth,  to  execute  the 
laws  of  the  Union,  to  ■  suppress  insurrections,  and  to  repel 
invasions."  He,  as  well  as  most  other  citizens  in  the  re- 
public, even  those  who  had  assumed  the  military  character 
in  defence  of  civil  liberty,  *  were  averse  from  a  standing 
army,  and  deemed  a  well  regulated  militia,  consisting  of 
citizen-soldiers,  the  only  safe  and  proper  substitute,  under 
a  free  republican  government. 

In  his  speech,  the  President  also  referred  to  the  relations 
of  the  United  States  with  foreign  powers,  and  to  the  meas- 
ures he  had  adopted  in  this  respect,  during  the  recess  of 
Congress.  Nor  did  he  omit  to  invite  the  attention  of  the 
legislature  to  the  important  subject  of  the  national  finances. 
He  recommended  the  adoption  of  some  system  for  the  grad- 
ual reduction  of  the  public  debt,  and  depicted  the  evils 
both  to  government  and  the  people,  from  an  accumulation 
thereof,  which  he  apprehended,  unless  rigid  economy  were 
observed  in  the  public  appropriations,  and  means  were  pre- 
pared for  diminishing  the  national  debt,  even  on  the  condi- 
tion of  an  additional  impost  in  some  cases. 

The  Senate  expressed  their  approbation  of  the  measures 
which  had  been  pursued  by  the  Executive,  and  of  the 
views  which  were  suggested  in  the  speech  :  but  there  were 
several  dissentients  in  that  branch  of  the  legislature,  as  to 
the  force  employed  in  quelling  the  insurrection  in  Pennsyl- 
vania; and  the  policy  pursued  towards  the  French  and 
British  governments.  In  the  House  of  Representatives 
there  was  a  small  majority  opposed  to  the  views  and 
measures  of  the  President ;  and  the  answer  of  that  body  to 
his  speech,  was  far  from  expressing  a  full  approbation  of 
the  sentiments  advanced  or  the  measures  recommended. 
Indeed,  no  direct  reference  was  made  to  the  insurrection 
and  its  suppression,  though  its  fortunate  termination  was 

sembled  to  express  their  opinions  on  political  subjects,  ought  never  to  be  con- 
founded with  self-created  societies,  assuming  the  right  to  control  the  constituted 
authorities,  and  to  dictate  to  public  opinion.  While  the  former  are  ever  en- 
titled to  respect,  the  latter  is  incompatible  with  all  government;  and  must 
either  fall  into  general  disesteem,  or  finally  overturn  the  established  order  of 
things." 

*  It  is  believed  that  very  few,  if  any,  native  citizens  of  the  United  States, 
were  in  favor  of  a  standing  army.  When  the  Society  of  Cincinnati  was  formed, 
in  May,  1783,  at  the  close  of  the  Revolutionary  war,  one  consideration,  one 
fundamental  principle  was,  "  to  inculcate  to  the  latest  ages,  the  duty  of  laying 
down,  in  peace,  the  arms  assumed  for  the  national  liberty  and  welfare." 


78  FEDERAL  GOVERNMENT.  [1794 

just  cause  of  gratitude  with  all  good  citizens,  and  the  con- 
duct of  the  Executive  deserved  high  commendation.  The 
majority  also  declined  to  express  any  censure  on  self-created 
societies,  referred  to  in  the  speech,  as  the  causes,  or  occa- 
sions of  dangerous  opposition  to  government.  These  soci- 
eties were  then  in  great  favor  with  the  ardent  friends  of 
the  French  Revolution  ;  and  it  was  not  till  the  fall  of  Rob- 
espierre, the  chief  of  a  violent  and  sanguinary  faction,  in 
that  country,  that  the  Jacobin  Clubs  fell  into  discredit  both 
in  France  and  in  the  United  States.  Here,  as  there,  their 
influence  had  well  nigh  overturned  the  government,  and 
opened  the  flood-gates  of  misrule,  of  cruelties,  and  outrages, 
which  would  disgrace  the  most  barbarous  nations.  In  re- 
jecting, by  a  small  majority,  an  amendment  proposed  to  the 
reported  answer  to  the  speech  of  the  President,  the  House 
also  refused  to  give  its  sanction  to  his  conduct  towards 
England  and  France,  and  especially  as  to  the  embassy  to 
the  former,  under  Mr.  Jay. 

While  several  important  measures  of  the  President  were 
unnoticed,  or  referred  to  with  implied  disapprobation,  by 
the  House  of  Representatives,  they  professed  a  readiness  to 
favor  any  practicable  plan  for  the  reduction  of  the  national 
debt.  But  the  difficulty  was  perceived,,  by  both  parties,  of  an 
efficient  system,  without  an  increase  of  imposts  or  a  direct 
tax,  both  of  which  would  probably  excite  new  complaints 
and  opposition.  Direct  taxes  are  ahva}Ts  unpopular,  while 
those  collected  imperceptibly  by  way  of  duty  on  imported 
goods,  are  voluntary,  and  generally  paid  with  little  discon- 
tent. The  plan  of  a  direct  tax,  was  not  approved,  and  it 
was  deemed  impolitic  to  increase  the  excise.  Nothing 
therefore  presented  for  an  augmentation  of  the  revenue,  but 
an  addition  to  the  duties  on  foreign  manufactures  and  pro- 
ducts. And  these  were  already  very  high,  having  been 
augmented  after  the  first  Act  for  that  purpose,  passed  in 
1789.  The  bill,  introduced  into  the  House,  for  the  purpose 
above  mentioned,  though  warmly,  and  for  a  long  time  op- 
posed, was  passed,  with  some  modification :  which  pro- 
vided however,  for  a  duty  on  sugars  refined,  and  tobacco 
manufactured,  in  the  United  States. 

The  opposition  to  the  policy  and  measures  of  the  adminis- 
tration, which  had  been  gathering  strength  for  some  time, 
now  became  so  powerful,  as  on  several  occasions,  to  decide 
the  vote,  in  the  House  of  Representatives,  against  the  plans 
recommended  by  the  President.  Neither  his  patriotism, 
nor  his  love  of  civil  liberty,  could  indeed  be  doubted  ;  but 
the  wisdom  and  expediency  of  his  public  conduct,  relating 


1794]  WASHINGTON.  79 

to  some  highly  important  subjects,  were  called  in  question. 
But  it  was  very  evident,  that  party  feelings  and  prejudices 
had  too  much  influence  with  those  who  condemned  the 
measures  of  the  Executive.  After  the  excitement  of  the 
day,  when  men  were  governed  more  by  their  feelings  than 
their  reason,  the  wisdom  of  the  President's  conduct  was 
more  fully  approved  and  admired.  The  suppression  of  the 
insurrection,  growing  out  of  an  opposition  to  the  excise 
laws,  by  the  militia,  after  great,  forbearance  and  repeated 
attempts  to  dissuade  the  people  from  such  dangerous  com- 
binations, was  seen  to  have  been  indispensable  to  the  wel- 
fare of  the  Union.  And  the  measures  pursued  by  the  ad- 
ministration, for  maintaining  a  neutral  position,  as  to  the 
two  belligerent  nations  of  Europe,  and  for  averting  war  with 
either,  were  allowed  to  have  been  the  most  proper  and 
effectual,  both  for  the  honor  and  the  commercial  prosperity 
of  the  United  States.  The  firmness  of  the  President  pre- 
vented hostilities  with  "the  great  maritime  power  of  Eng- 
land, and  saved  the  country  from  an  alliance  offensive  and 
defensive  with  revolutionary  France,  which,  at  that  period 
of  anarchy  and  misrule,  would  have  been  fatal  to  the  peace 
and  prosperity  of  the  country.  In  reply  to  the  speech  of 
the  President,  at  this  time,  (Nov.  1794,)  and  in  the  debates 
on  subjects  suggested  to  their  consideration,  the  language 
of  members  was  almost  invariably  respectful  towards  him ; 
but  his  measures  were  attacked,  by  severe  and  often  bitter 
censures  on  the  Secretary  of  the  Treasury,  who  it  was  pre- 
tended originated  them,  and  was  supposed  to  have  undue 
influence  over  the  mind  of  the  Chief  Magistrate.  The 
talents  and  public  services  of  the  Secretary  were  so  em- 
inent, that  the  discernment  of  the  President  could  but 
highly  appreciate  them ;  but  he  had  too  much  self-respect, 
as  well  as  practical  wisdom,  to  be  under  an  undue  influ- 
ence from  any  man.  With  a  great  degree  of  sensibility 
and  strong  feelings  of  personal  honor,  with  health  much 
impaired  by  incessant  devotion  to  public  duties,  and  with 
the  desire  of  attending  more  closely  to  his  own  private 
business,  for  the  benefit  of  his  family,  Mr.  Hamilton  retired 
from  the  treasury  department,  on  the  first  of  January,  1795  ; 
having  some  months  before,  given  private  notice  to  the 
President,  of  his  wish  to  resign. 

The  resignation  of  General  Knox,  who  was  the  first 
Secretary  of  War,  under  the  federal  government,  soon  fol- 
lowed. He  too,  had  received  the  reproaches  and  censures 
of  the  opposition,  on  the  pretence  of  extravagance  in  the 
expenditures  of  public  monies,  and  of  indulging  in  theories 


80  FEDERAL  GOVERNMENT.  [1795 

inconsistent  with  that  rigid  economy  which  was  necessary 
in  the  republic,  already  burthened  by  a  heavy  debt.  Per- 
haps his  views  were  less  practical  than  those  of  Hamilton, 
but  his  probity,  either  as  a  public  or  private  character,  was 
never  doubted,  and  his  love  of  republican  liberty  was  most 
sincere  and  ardent.  During  the  war  of  the  Revolution,  he 
had  acted  a  useful  and  conspicuous  part ;  and  by  his  lib- 
eral and  magnanimous  disposition  had  won  the  esteem 
and  affection  of  General  Washington.  And  such  was  his 
confidence  and  admiration  towards  that  illustrious  citizen, 
that,  instead  of  officiously  advising  him,  except  when  his 
opinion  was  expressly  desired,  he  was  always  ready  to 
follow  the  course  pointed  out  by  his  chief.* 

If  the  mission  of  Mr.  Jay,  to  the  British  Court,  to  pre- 
serve peace  with  that  nation,  and  to  agree  on  a  commercial 
intercourse  between  that  country  and  the  United  States, 
was  opposed  as  being  humiliating  on  the  part  of  the  federal 
government,  the  treaty,  to  which  he  assented,  and  which 
the  President  submitted  to  the  Senate  for  their  approval, 
was  even  more  generally  condemned  as  dishonorable  to  the 
character  of  the  nation,  and  highly  unfavorable  to  its  inter- 
ests. No  express  provision  was  made  for  preventing  im- 
pressments from  American  merchant  vessels,  which  had 
been  a  subject  of  great  and  just  complaint ;  the  obligation  to 
pay  the  debts  due  to  the  refugees,  to  which  some  States  had 
objected,  was  renewed  and  recognized ;  and  great  restric- 
tions were  laid  on  the  trade  of  the  United  States  to  ports 
in  the  British  West  Indies,  which  it  was  believed  would 
operate  very  injuriously  on  the  navigation  and  commerce 
of  the  country.     Only  American  vessels,  under  one  hundred 


*  In  his  letter  of  resignation,  the  Secretary  of  War,  observed, — "  In  what- 
ever situation  I  shall  be,  I  shall  recollect  your  confidence  and  kindness  with 
all  the  fervor  and  purity  of  affection,  of  which  a  grateful  heart  is  susceptible." 
The  President  said,  in  reply,  on  receiving  his  resignation, — "  I  cannot  surfer 
you  to  close  your  public  life,  without  uniting  to  the  satisfaction  which  must 
arise  in  your  own  mind  from  conscious  rectitude,  assurances  of  my  most  per- 
fect persuasion  that  you  have  deserved  well  of  your  country."  Col.  T.  Pick- 
ering, a  very  distinguished  officer  in  the  Revolutionary  war,  and  at  the  time, 
Postmaster-General,  was  appointed  Secretary  of  War,  in  the  place  of  General 
Knox,  in  1795;  and  Oliver  Wolcott,  of  Connecticut,  was  placed  at  the  head 
of  the  Treasury  department.  Edmund  Randolph,  sometime  Attorney-General, 
had  succeeded  Mr.  Jefferson  as  Secretary  of  State,  the  year  before,  and  Wil- 
liam Bradford,  of  Pennsylvania,  was  appointed  his  successor.  Near  the  close 
of  1795,  Mr.  Pickering  was  advanced  to  the  office  of  Secretary  of  State,  on 
the  resignation  of  Mr.  Randolph,  who  found  it  proper  to  withdraw  from  the 
Cabinet,  on  account  of  the  detection  of  his  confidential  correspondence  with 
the  French  Minister,  which  the  President  highly  disapproved.  Mr.  Mc  Henry 
of  Maryland,  was  also  then  made  Secretary  of  War. 


1794]  WASHINGTON.  gf 

tons,  were  permitted  to  enter  the  British  ports  in  the  West 
Indies,  with  cargoes  from  the  United  States;  and  there 
was  not  so  fair  and  full  reciprocity  relating  to  commerce 
as  was  justly  desired.  It  was  certainly  far  preferable  to 
Avar ;  and  seldom,  indeed,  are  either  the  prosperity  or  wel- 
fare of  a  nation  advanced  by  that  last  resort;  for  the  effect 
would  have  been  the  ruin  of  commerce,  and  an  immense 
public  debt,  which  would  have  distracted  and  oppressed 
the  people  for  many  generations. 

Meetings  were  held  in  many  seaports  in  the  United 
States,  and  the  terms  of  the  treaty  reprobated  even  by 
those  who  had  before  approved  the  measures  of  the  Pres- 
ident ;  and  who  were  entirely  disconnected  with  the  secret 
societies,  which  had  most  unjustly  condemned  all  the  pub- 
lic acts  of  the  administration.  But  these  hasty  expressions 
against  the  treaty,  before  it  was  published,  and  when  its 
terms  were  greatly  misrepresented  by  a  few  disaffected- 
individuals,  were  soon  succeeded  by  a  loyal  acquiescence 
in  the  great  body  of  the  people,  who  became  satisfied  that 
it  would  operate  more  favorably  than  was  at  first  appre- 
hended ;  and  especially  on  learning  that  it  was  approved 
and  confirmed  by  the  Senate,  the  constitutional  branch  of 
the  government,  whose  prerogative  it  is,  united  with  the 
President,  to  form  treaties  with  foreign  nations. 

There  were  serious  objections  to  several  articles  of  the 
treaty  with  the  Senate ;  and  after  eighteen  days  consider- 
ation it  was  conditionally  accepted,  and  that  only  by  the 
constitutional  majority.  After  this  opinion  of  the  Senate, 
the  President  took  several  weeks  to  reflect  on  the  subject, 
before  he  gave  his  consent  to  its  ratification.  And  then 
a  strong  memorial  against  the  British  order,  subjecting  to 
seizure  all  articles  of  provision,  destined  to  French  ports, 
was  prepared  to  accompany  the  communication  of  the  ap- 
proval of  the  treaty.  The  British  order  was  revoked,  and 
the  ratification  by  that  government  followed.  The  Secre- 
tary of  State,  Mr.  Randolph,  was  opposed  to  the  treaty; 
but  the  other  members  of  the  Cabinet,  advised  to  its  accept- 
ance, with  a  remonstrance  against  the  order  relating  to 
provisions. 

But  though  the  treaty,  made  with  Great  Britain,  by  Mr. 
Jay,  was  accepted  by  the  Senate  and  President,  and,  there- 
fore, so  far  as  it  extended,  had  become  the  law  of  the  land, 
and  an  obligation  imposed  to  fulfil  its  conditions  by  Con- 
gress, great  efforts  were  made  to  prevent  the  execution  of 
some  of  its  provisions  on  the  part  of  the  United  States. 
Appropriations  were  necessary  to  be  made  by  the  legisla- 
11 


82  FEDERAL  GOVERNMENT.  [1794 

ture,  for  carrying  into  effect  certain  Acts,  stipulated  to  be 
performed  on  the  part  of  the  federal  government.  These 
appropriations  were  opposed,  at  the  hazard  of  violating  the 
treaty,  and  of  thus  giving  occasion  for  just  complaint  by 
the  British  Ministry.  It  was  said  by  the  opposition,  that 
there  was  no  other  method  of  preventing  the  operation  of  a 
treaty,  made  by  the  President  and  Senate,  of  the  most  in- 
jurious or  dishonorable  terms,  but  in  the  refusal  of  the 
Representatives  to  make  the  appropriations  required :  and 
as  the  popular  branch  of  the  government,  they  ought  to 
have  a  voice  in  such  a  case.  But  it  was  urged,  by  the 
friends  of  the  administration,  that  the  Constitution  gave 
the  treaty-making  power  exclusively  to  the  President  and 
the  Senate ;  and  that,  if  a  treaty,  duly  ratified  by  them, 
were  disregarded,  and  any  omissions  to  fulfil  its  provisions, 
deliberately  sanctioned  by  another  branch  of  the  govern- 
ment, the  character  of  the  nation  must  greatly  suffer ;  and 
no  faith,  no  security  could  be  justly  given  to  a  foreign 
power,  for  the  observance  of  any  treaty  or  compact  en- 
tered into  with  the  United  States.  After  a  long  and  angry 
discussion  of  the  subject,  in  which  the  President  did  not  es- 
cape equally  unjust  and  dishonorable  reproaches,  as  the  en- 
emy of  republican  freedom,  and  the  secret  friend  of  monar- 
chy, the  necessary  appropriations  were  made  by  a  vote  of  a 
small  majority  ;  several  who  were  opposed  to  the  treaty, 
and  desirous  of  a  close  alliance  with  France,  even  at  the 
hazard  of  a  war  with  Great  Britain,  joining  with  the  friends 
of  the  administration,  from  convictions  of  the  bad  faith 
which  might  otherwise  be  charged  on  the  nation. 

This  was  considered  highly  honorable  to  the  opposition, 
and  gave  evidence  that  party  feelings  did  not  govern  on 
all  occasions.  Had  the  motion  prevailed  which  was  offered 
for  withholding  the  appropriations  required  by  the  treaty, 
the  consequences  would  have  been  most  disastrous  to  the 
United  States.*  It  would  have  provoked  England  to  re- 
taliating and  hostile  measures,  of  incalculable  injury  to 
America;  and  shown  to  the  rulers  of  revolutionary  France, 
that  the  federal  government  was  to  be  the  servile  instrument 
of  their  will.  The  long  established  character  of  the  Presi- 
dent for  patriotism,  and  his  decision  and  firmness,  at  this 


*  Mr.  Ames,  of  Massachusetts,  spoke  in  favor  of  appropriations  for  carrying 
the  treaty  into  effect,  with  surpassing  power  and  eloquence;  and  probably 
produced  an  influence  with  several  members  of  the  House  to  support  the 
measure.  With  a  clear  head  and  a  pure  mind,  he  could  not  but  perceive  both 
the  moral  and  political  obligations  of  fulfilling  the  conditions  of  the  treaty. 


1794]  WASHINGTON.  83 

critical  period,  saved  the  American  Republic  from  a  con- 
test, which  her  liberties  probably  would  not  have  survived. 

This  unhappy  division  among  the  citizens  of  the  United 
States  continued,  with  more  or  less  of  opposing  views,  on 
political  measures,  for  a  long  period.  As  in  all  parties, 
there  were  no  doubt  honest  and  patriotic  individuals  in 
each  great  division ;  and  some  who  were  unduly  influ- 
enced by  selfish  considerations,  or  strangely  governed  by 
their  prejudices.  Those  charged  with  a  preference  for 
monarchy,  or  with  a  desire  to  join  with  England  to  put 
down  the  rulers  in  France,  were  no  doubt,  unjustly  ac- 
cused. They  were  sincere  republicans  :  they  had  exhibited 
the  strongest  proofs  of  their  attachment  to  civil  liberty,  by 
their  personal  services  and  sacrifices.  But  they  were 
alarmed  by  the  extravagant  conduct  of  the  French  nation, 
and  had  great  reason  to  fear  danger  to  the  republican  in- 
stitutions of  the  United  States,  if  the  levelling  doctrines 
advocated  in  that  country  should  prevail  in  this.  And  it 
would  be  equally  uncandid  perhaps  to  suppose,  that  all 
those  who  were  opposed  to  the  measures  recommended  by 
Washington,  and  who  expressed  a  strong  sympathy  in 
favor  of  France,  were  enemies  of  their  own  country,  and 
would  rejoice  to  see  its  government  overturned.  They  had, 
indeed,  mistaken  notions  of  republican  freedom,  and  laid 
less  stress  on  the  importance  of  constitutional  authority 
and  a  settled  order  of  political  affairs  than  was  proper,  es- 
pecially at  that  period  of  dangerous  innovation  and  mis- 
rule. When  such  characters  as  Washington,  and  his  asso- 
ciates in  power,  at  that  period,  whose  lives  have  given  the 
strongest  proof  of  devotion  to  liberty,  and  to  their  country's 
welfare,  do  not  inspire  confidence  and  secure  support  to 
government,  there  can  be  no  stability  in  a  republic ;  and 
political  power  will  soon  fall  into  the  hands  of  the  selfish 
and  unprincipled. 

The  depredations  on  the  Commerce  of  the  country,  by 
the  Dey  of  Algiers,  as  well  as  the  importance  of  providing 
protection  for  the  interests  of  those  engaged  in  navigation, 
liable  as  they  were  to  injurious  treatment  from  the  nations 
of  Europe  then  at  war,  led  to  a  proposition  for  increasing 
the  naval  force  of  the  United  States.  The  administration 
was  decidedly  in  favor  of  the  measure ;  and  the  President 
had  recommended  the  subject  to  Congress,  early  in  1794. 
There  was,  however,  great  opposition  to  it,  on  account  of 
the  expense,  and  it  would  be  impossible,  in  a  short  time, 
to  prepare  a  navy,  which  would  be  adequate  for  defence 
and  protection  against  such  powerful  nations  as  Great  Bri- 


84  FEDERAL  GOVERNMENT.  [1795 

tain  or  France.  It  was  the  opinion  and  policy  of  some  states- 
men, then  high  in  public  estimation,  that  it  would  be  un- 
wise to  attempt  to  create  and  maintain  a  navy  sufficient  to 
coerce  the  maritime  powers  of  Europe,  or  to  defend  the 
United  States  from  their  depredations  :  and  that  it  would 
be  most  for  the  security  and  prosperity  of  the  United  States, 
for  the  citizens  to  confine  their  labors  to  agriculture,  and 
to  allow  all  trade  with  foreign  countries  to  be  conducted 
by  their  own  vessels.  But  a  law  was  passed  in  1795,  for 
the  building  of  three  frigates,  which  was  far  less  of  a  naval 
armament,  however,  than  had  been  contemplated  by  the 
administration. 

An  additional  law  was  enacted  in  1795,  on  the  subject  of 
naturalizing  foreigners  or  aliens,  who  came  into  the  United 
States  with  the  intention  of  becoming  permanent  citizens. 
A  longer  period  of  residence  was  now  required  than  by  a 
former  law  on  the  subject ;  and  a  formal  notice  was  made 
necessary  before  a  Court  of  Record,  with  an  oath  to  support 
it,  of  the  intention  or  desire  of  any  one  to  become  a  citizen, 
three  years  previously  to  his  admission.  And  five  years 
residence  was  required  of  those  thereafterwards  coming  into 
the  United  States,  as  well  as  an  oath  to  support  the  federal 
Constitution,  and  a  solemn  renunciation  of  allegiance  to  all 
foreign  States  and  governments.  Only  two  years  residence 
was  made  necessary  for  those  already  in  the  United  States  ; 
but  it  was  required  of  all  that  they  relinquish  any  hered- 
itary title,  or  order  of  nobility,  which  they  might  have 
borne  in  the  country  from  which  they  came. 

In  1802,  under  the  administration  of  Mr.  Jefferson,  the 
provisions  of  this  law  were  modified,  so  as  to  facilitate  the 
naturalization  of  aliens  who  desired  to  become  citizens  of 
the  United  States. 

At  this  comparatively  early  period  of  the  federal  govern- 
ment, there  were  some  instances  of  defalcation  in  public 
officers  who  were  collectors  and  receivers  of  the  national 
revenue ;  but  very  few  indeed,  had  then  occurred  ;  and  a 
law  was  passed  by  Congress  to  hold  all  such  officers  to  a 
frequent  and  strict  accountability  to  the  treasury  depart- 
ment. On  any  delinquency  in  such  officers,  it  was  made 
the  duty  of  the  Comptroller  to  require  a  settlement  of  their 
accounts ;  and  if  a  prompt  compliance  did  not  follow,  to 
institute  legal  prosecutions  against  the  defaulters.  Had 
such  a  course  been  continued,  with  fidelity  and  energy,  by 
the  government  through  the  high  officers  in  the  treasury 
department,  many  millions  would  probably  have  been  saved 
to  the  nation.     It  was  early  recognized  as  an  important 


1796]  WASHINGTON.  85 

principle  in  the  American  republic,  that  the  agents  for  col- 
lecting and  receiving  the  public  monies  should  account 
therefor  at  short  and  stated  periods. 

The  subject  of  "internal  improvements,"  so  far  as  re- 
lated to  post  roads,  was  discussed  in  February,  1795,  but 
not  so  fully  as  at  a  later  period  ;  and  no  formal  opinion  of 
Congress  was  expressed,  so  as  to  be  a  precedent  for  future 
appropriations  for  such  purposes.  A  survey  for  a  route  to 
convey  the  mail  from  Maine  to  Georgia,  was  proposed  by 
Mr.  Madison  ;  but  it  does  not  appear  that  his  opinion  was 
settled  in  favor  of  the  constitutionality  of  the  measure ;  for 
he  did  not  urge  it ;  and  he  admitted  that  the  expense  would 
be  very  great.  He  said  it  was  the  commencement  of  an 
extensive  work ;  and  he  did  not  wish  to  decide  at  that 
time.  Several  other  members  spoke  in  approbation  of  the 
measure,  as  one  highly  conducive  to  the  public  convenience. 
Appropriations  of  the  public  funds  for  such  an  object,  or  for 
a  great  national  road,  like  the  Cumberland,  designed  to 
facilitate  the  travel  from  the  Atlantic  to  the  western  section 
of  the  United  States,  have  been  advocated  since,  by  those 
opposed  to  internal  improvements  for  sectional  objects,  and 
such  as  would  be  local  or  partial  in  the  conveniences  they 
would  afford.  It  is  matter  of  surprise  that  there  should 
have  been  any  question  as  to  necessary  post  roads. 

The  first  session  of  the  fourth  Congress  continued  till 
June,  1796,  and  was  then  adjourned  to  the  first  Monday  of 
December  following.  Besides  the  proceedings  of  the  na- 
tional legislature,  already  noticed,  other  important  acts  were 
passed,  giving  improvement  and  stability  to  the  federal 
government,  for  doing  justice  and  maintaining  peace  with 
other  nations.  Trading  houses  were  established,  and 
agents  appointed,  to  reside  in  the  western  territory,  near  the 
Indian  tribes,  with  a  view  to  maintain  a  friendly  inter- 
course with  them,  and  to  prevent  individuals  from  all 
fraudulent  and  improper  treatment  of  them.  Provision 
was  also  made  for  the  sale  of  the  public  lands  in  that  part 
of  the  country.  An  act  was  passed  for  the  protection  and 
relief  of  American  seamen.  The  military  establishment 
was  augmented,  and  fixed  for  the  term  of  three  years  ;  and 
further  provision  was  made  for  the  reduction  of  the  national 
debt. 

But  such  were  the  prejudices  and  party  feelings,  then  un- 
happily prevailing,  that  the  best  efforts  of  the  President 
and  his  Cabinet  were  opposed,  or  misrepresented.  The 
charges  formerly  brought  against  the  administration  as 
being  more  friendly  to  the  monarchy  of  England,  than  to 


86  FEDERAL  GOVERNMENT.  [1796 

republican  France,  and  as  being  extravagant  in  the  public 
expenditures,  were  repeated  in  a  tone  of  asperity  and 
bitterness,  alike  dishonorable  to  those  who  made  them, 
and  injurious  to  the  influence  which  it  is  important  those  in 
authority  should  possess  If  it  were  only  a  few  base  and 
despicable  individuals  who  directly  uttered  and  published 
such  gross  charges,  they  were  in  some  cases  encouraged  in 
their  licentious  vocation  by  men  of  high  standing,  who 
claimed  the  respect  of  the  nation.  The  situation  of  the 
President  was  rendered  exceedingly  unpleasant  and  per- 
plexing by  this  inveterate  opposition  to  his  measures,  and 
by  these  reproaches  on  his  public  official  acts  for  the  good 
of  the  nation.  His  impartial  and  magnanimous  conduct 
towards  the  two  great  belligerent  nations  of  Europe  was 
not  duly  appreciated  ;  but  on  the  contrary  was  most  un- 
candidly  criticised ;  and  censured  without  the  semblance  of 
truth  or  reason.  A  second  and  a  third  French  minister, 
after  the  revolution  in  that  country,  imitating  the  improper 
conduct  of  the  first,  appealed  to  the  passions  and  prejudices 
of  the  people  of  the  United  States,  to  lessen  their  respect 
and  confidence  in  the  President;  and  many  justified,  as 
well  their  interference  with  the  measures  of  the  federal 
administration,  as  the  unjust  claims  of  the  French  govern- 
ment on  the  gratitude  and  support  of  the  United  States. 

New  ambassadors  were  appointed  in  1796,  to  the  court 
of  Great  Britain  and  to  the  government  of  France.  Mr. 
Munroe  was  recalled  from  France,  on  the  charge  of  delay- 
ing or  partially  stating  the  explanations  which  the  Presi- 
dent had  directed  him  to  make  to  the  French  government, 
relating  to  some  measures  of  a  commercial  nature  which  he 
had  adopted,  and  of  which  the  men  then  in  power  in 
France  complained.  It  was  supposed  that  Mr.  Munroe 
had  yielded  too  much  to  his  sympathies  for  that  nation,  or 
to  the  intrigues  or  threats  of  its  rulers.  Charles  C.  Pinck- 
ney,  of  South  Carolina,  was  appointed  to  succeed  him;  who, 
it  was  believed,  would  be  decided  and  faithful  in  support- 
ing the  interests  and  the  character  of  the  United  States,  and 
at  the  same  time  would  not  be  disagreeable  to  that  nation, 
on  account  of  any  partiality  for  the  British  government. 
At  this  time,  also,  Mr.  King  of  New  York,  was  selected  for 
ambassador  to  the  court  of  London,  in  the  place  of  Thomas 
Pinckney,  of  South  Carolina,  who  had  requested  leave  to 
return  to  the  United  States. 

As  the  second  term  of  years,  for  which  General  Wash- 
ington had  been  elected  President,  was  now  drawing  to  a 
close,  he  expressed  more  strongly  than  ever,  to  his  partic- 


1796]  WASHINGTON.  87 

ular  friends,  his  desire  and  purpose  to  retire  from  public 
life.  His  advanced  age*  furnished  one  consideration  for  this 
resolution;  and  he  expressed  the  opinion  also,  that  the 
time  for  an  individual  to  occupy  the  chair  of  chief  magis- 
trate, in  an  elective,  republican  government,  should  not  be 
extended  to  a  long  period.  He  had  reason  moreover  to 
hope,  that  the  difficulties  both  with  England  and  France 
would  be  removed ;  or  be  less  dangerous  in  future  to  the 
peace  of  the  United  States.  But  should  new  disputes  arise, 
he  was  not  disposed  to  admit  that  others  might  not  meet 
them  with  proper  discretion  and  firmness.  When,  therefore, 
some  of  his  friends  urged  him  to  be  again  a  candidate  for 
the  presidency,  from  solely  patriotic  motives,  he  was  not 
persuaded  that  it  was  his  duty  to  comply  with  their  advice. 
In  September,  1796,  he  publicly  announced  his  determina- 
tion to  decline  being  a  candidate  for  the  presidential  chair 
at  the  approaching  election ;  and  gave  his  parting  advice 
to  the  people  of  the  United  States,  in  which  he  eloquently 
expressed  his  ardent  wishes  for  the  continuance  of  their 
liberty  and  prosperity,  and  urged  them  to  cherish  a  sacred 
regard  for  the  Constitution,  and  for  the  preservation  of  the 
Union.f 

The  prominent,  candidates  for  the  presidency  were  John 
Adams  of  Massachusetts,  and  Thomas  Jefferson  of  Virginia. 
The  former,  it  was  well  understood,  would  mainly  pursue 
the  policy  of  Washington ;  and  the  latter  would  favor 
measures  of  a  different  character,  in  some  points  of  impor- 
tant and  general  interest.  Mr.  Jefferson  was  considered 
partial  in  his  feelings  and  views  towards  the  French  gov- 
ernment, and  Mr.  Adams  as  more  friendly  to  Great  Britain 
than  a  citizen  of  the  American  republic  ought  to  be.     These 

*  In  March,  1797,  he  would  be  in  his  67th  year. 

t  His  conviction  of  the  necessity  of  religion  and  morality  will  be  perceived 
from  the  following  extract.  "  Of  all  the  dispositions  and  habits  which  lead  to 
political  prosperity,  religion  and  morality  are  indispensable  supports.  In  vain 
would  that  man  claim  the  tribute  of  patriotism,  who  should  labor  to  subvert 
these  great  pillars  of  human  happiness,  the  firmest  props  of  the  duties  of  men 
and  citizens.  The  mere  politician,  equally  with  the  pious  man,  ought  to  re- 
spect and  cherish  them.  A  volume  could  not  trace  all  their  connections  with 
public  and  private  felicity.  Let  it  simply  be  asked  where  is  the  security  for 
property,  for  reputation,  for  life,  if  the  sense  of  religious  obligations  desert 
[do  not  attend]  the  oaths  which  are  the  instruments  of  investigation  in  courts 
of  justice.  And  let  us  with  caution  indulge  the  supposition,  that  morality  can 
be  maintained  without  religion.  Whatever  may  be  conceded  to  the  influence 
of  refined  education  on  minds  of  a  peculiar  structure,  reason  and  experience 
both  forbid  us  to  expect  that  national  morality  can  prevail  in  exclusion  of  re- 
ligious principle."  The  excesses  and  crimes  of  infidel  France,  at  that  period, 
not  improbably  suggested  these  most  just  and  salutary  remarks. 


88  FEDERAL  GOVERNMENT.  [tf% 

were  the  prevailing  and  popular  opinions  of  the  day  ;  and 
however  unjust  they  might  be,  they  had  an  unhappy  influ- 
ence on  the  great  body  of  the  people.  It  cannot  be  doubted, 
however,  that  Mr.  Jefferson  was  more  disposed  to  conciliate 
the  French  rulers,  or  to  adopt  measures  to  gratify  them, 
than  many  intelligent  politicians  deemed  proper ;  or  that 
Mr.  Adams  considered  it  highly  important  to  avoid  a  war 
with  England,  and  a  close  alliance  with  France,  as  was 
the  wish  of  his  opponents,  when  there  was  no  stability  in 
its  government,  and  when  successive  revolutions  were  dis- 
tracting and  convulsing  that  nation. 

While  the  presidential  election  was  pending  before  the 
people,  in  the  latter  part  of  the  year  1796,  the  French  min- 
ister had  the  presumption  to  interfere,  (and  not  very  indi- 
rectly.) by  publishing  an  address  to  the  people  of  the  United 
States,  reminding  them  of  their  obligations  to  France  ;  and 
strongly  intimating  that  they  ought  to  elect  a  chief  magis- 
trate who  was  known  to  be  friendly  to  that  nation,  instead 
of  one  who  was  not  disposed  to  favor  it,  while  it  was  con- 
tending for  the  rights  of  man.  Very  improper  reflections 
were  made  on  the  character  of  Washington  and  his  meas- 
ures ;  and  a  different  political  course,  it  was  suggested,  was 
necessary  to  preserve  the  friendship  of  the  French  govern- 
ment. The  political  friends  of  the  administration  con- 
demned in  strong  terms  such  improper  conduct ;  and  to  the 
honor  of  many  of  those  in  the  opposition,  at  that  time,  this 
interference  of  the  French  minister  was  disapproved,  as 
dangerous  to  the  independence  of  the  United  States ;  and 
the  influence  which  it  was  intended  to  produce  was  lost 
upon  the  people  generally. 

Congress  met  again  the  first  Monday  of  December,  1796, 
as  provided  by  the  Constitution ;  and  the  address  of  the 
President  on  the  occasion  was  highly  characteristic  of 
Washington,  at  once  temperate,  dignified,  and  firm.  The 
speech  fully  proved  his  strong  conviction  that  the  course 
he  had  pursued  was  the  most  honorable  and  proper,  and 
most  conducive  to  the  welfare  and  prosperity  of  the  United 
States.  The  great  and  increasing  opposition  to  his  meas- 
ures did  not  induce  him  to  waver  in  the  full  expression  of 
his  political  opinions  and  views,  with  regard  either  to  the 
past  or  the  present. 

He  referred  to  the  restoration  of  tranquillity  in  the  west- 
ern parts  of  Pennsylvania,  which  had  been  the  scene  of 
forcible  opposition  to  the  laws,  from  great  discontent  of  the 
act  laying  an  excise  on  spirits  of  domestic  manufacture ;  to 
the  efforts  made,  and  in  some  degree  successful,  for  a  more 


1796]  WASHINGTON.  89 

humane  and  pacific  system  toward  the  Indian  tribes  within 
the  territory  of  the  United  States;  and  gave  a  general 
statement  of  the  measures  which  had  been  pursued  in  ful- 
filment of  treaties  with  foreign  nations.* 

The  speech  referred  more  particularly  to  the  conduct  of 
the  French  government,  in  authorizing  or  suffering  its  ships 
of  war  to  cause  embarrassments  and  injuries  to  the  com- 
merce of  the  United  States,  especially  in  the  West  Indies ; 
and  expressed  an  apprehension  that  further  difficulties 
might  arise  to  the  American  trade  and  navigation.  "It 
has  been  my  constant,  my  sincere,  and  earnest  desire,"  he 
said,  "  in  conformity  with  that  of  the  nation,  to  maintain 
cordial  harmony,  and  a  perfectly  friendly  understanding 
with  this  republic.  This  wish  remains  unabated;  and  I 
shall  persevere  in  the  endeavor  to  fulfil  it  to  the  utmost  ex- 
tent of  what  shall  be  consistent  with  a  just  and  indis- 
pensable regard  to  the  rights  and  honor  of  our  country ;  nor 
will  I  easily  cease  to  cherish  the  expectation,  that  a  spirit 
of  justice,  candor,  and  friendship,  on  the  part  of  that  repub- 
lic, will  eventually  ensure  success.  In  pursuing  this  course, 
however,  I  cannot  forget  what  is  due  to  the  character  of 
our  own  government  and  nation  ;  or  to  a  full  and  entire 
confidence  in  the  good  sense,  patriotism,  self  respect,  and 
fortitude  of  my  countrymen." 

In  this  speech,  the  President  recommended  to  the  atten- 
tion of  Congress  an  increase  of  the  navy,  as  necessary  for 
the  safety  of  the  country,  with  so  extensive  a  seacoast  ex- 
posed to  foreign  powers,  and  as  a  protection  to  the  com- 
merce of  the  United  States.  Every  member  of  the  admin- 
istration, at  that  time,  was  in  favor  of  an  increase  of  the 
naval  establishment ;  and  yet  what  appears  to  have  been 
so  important  and  essential,  found  dissentients  in  the  party, 
which  had  then  opposed  the  leading  measures  of  government 
for  five  years.  Mr.  Adams,  the  Vice  President,  was  de- 
cidedly and  warmly  in  favor  of  such  a  measure ;  and  Gen- 
eral Knox,  while  Secretary  at  War,  had  expressed  the  same 
opinion  with  Mr.  Adams. 

The  solicitude  of  President  Washington  for  the  adoption 
of  some  plan  or  measures  for  reducing  the  national  debt 
was  also  expressed,  in  this  his  closing  speech  to  Congress, 
by  reiterating  his  admonitions  on  this  subject.  A  work  of 
magnitude  had  been  performed,  by  the  federal  government, 

*  The  treaty  with  Algiers  had  stipulated  the  payment  of  money,  as  a  con- 
dition of  their  forbearance  to  depredate  on  the  American  commerce.  It  was 
the  only  method  to  negotiate  with  that  nation,  and  to  save  the  citizens  of  the 
United  States  from  imprisonment  and  slavery. 

12 


90  FEDERAL  GOVERNMENT.  [1796 

within  the  eight  years  of  its  operation,  by  restoring  the 
credit  of  the  nation  by  paying  the  interest  of  the  public 
debt,  and  discharging  the  current  expenses  of  government. 
The  original  debt  to  foreigners  had  also  been  paid  ;  but 
new  loans  had  been  made  for  that  purpose,  though  on  more 
favorable  terms,  than  attended  all  former  ones.  To  keep 
up  the  credit  of  the  country,  it  was  in  his  opinion  necessary 
to  provide  for  an  augmentation  of  the  revenue,  and  to  ob- 
tain loans  at  a  still  less  rate  of  interest.  In  a  time  of  peace, 
and  with  a  large  increase  of  population,  he  believed  that 
good  policy  dictated  a  reduction  of  the  public  debt,  rather 
than  to  allow  it  to  accumulate,  or  to  remain  as  it  was,  as  a 
burden  to  the  next  generation,  which  might  have  new  and 
extraordinary  expenses  to  provide  for. 

When  Washington  retired  from  office,  the  nation  lost  the 
services  of  an  able  politician,  a  sincere  patriot,  and  a  faith- 
ful and  ever  watchful  chief  magistrate ;  one  who  combined 
in  a  peculiar  degree  a  high  sense  of  national  honor  and 
dignity,  with  great  economy  in  public  expenditures,  and 
personal  simplicity  and  purity  of  character.  During  the 
eight  years  of  his  wise  and  upright  administration,  the  fed- 
eral government  was  made  instrumental  of  all  the  benefits 
and  blessings,  which  the  most  sanguine  had  anticipated ; 
and  political  and  general  stability  succeeded  a  period  of 
national  degradation  and  imbecility,  which,  in  1786,  had 
alarmed  those  least  likely  to  despair. 


1797]  ADAMS.  91 


CHAPTER  V. 

John  Adams  elected  President,  and  Thomas  Jefferson  Vice  President.  Po- 
litical Parties  more  strongly  marked.  President  and  Vice  President  of  dif- 
ferent Political  Views.  Embassies  to  France.  Preparations  for  War  with 
that  Nation.  Great  Opposition  to  President  Adams's  Measures.  Provisional 
Army.  Direct  Taxes.  President's  Message,  1799.  Opposition  in  Penn- 
sylvania to  Direct  Tax.  Measures  to  suppress  it.  Conduct  of  Executive  ap- 
proved by  the  Majority  of  Senate  and  House.  Laws  of  Congress,  1799 — 
1800.  Bankrupt  Law.  Defensive  Measures.  Indiana  made  a  Territory. 
Additional  Laws  to  prohibit  Slave  Trade.  Increase  of  Routes  for  the  Mail. 
Opposition  to  Navy  and  to  other  Defensive  Measures.  Envoys  to  France. 
Treaty  Conditionally  Confirmed.  Last  Session  of  Congress,  during  the 
Presidency  of  Adams.  His  Address  to  Congress.  W.  Marshall  Secretary 
of  State,  and  Chief  Justice.     Presidential  Election,  1800,  Warm  and  Active- 

Mr.  Adams  received  a  plurality  of  the  votes  of  the  elec- 
tors for  President,  and  Mr.  Jefferson,  for  Vice  President  ;* 
and  they  were  inducted  into  office  on  the  fourth  of  March, 
1797.  The  two  great  political  parties  in  Congress  and  in 
the  nation  were  almost  equally  balanced ;  and  the  admin- 
istration was  constantly  embarrassed  by  a  powerful  oppo- 
sition. For  Mr.  Adams  pursued  the  policy  of  his  prede- 
cessor, which  it  was  well  understood  he  had  invariably 
approved ;  and  it  was  to  be  expected,  that  he  would  fail  to 
please  where  the  former  had  been  opposed  and  censured. 
The  rulers  of  France  did  not  meet  the  friendly  assurances 
of  Mr.  Pinckney,  in  an  amicable  spirit ;  but  continued  to 
complain  of  the  United  States  as  ungrateful,  and  to  rise  in 
their  demands  for  direct  aid,  as  due  to  their  forbearance  to 
inflict  greater  injuries,  as  well  as  for  the  services  of  that  na- 

*  Mr.  Adams  was  a  delegate  from  Massachusetts  to  the  first  continental 
Congress,  September,  1774  ;  and  he  and  Mr.  Jefferson  were  of  the  committee 
of  that  august  body,  in  1776,  which  reported  the  Declaration  of  the  Independ- 
ence and  sovereignty  of  the  United  States.  In  1778,  he  was  appointed  Envoy 
to  France  ;  in  1780,  to  Holland  ;  and  in  1784,  to  England  ;  being  the  first 
minister  from  the  United  States  to  that  Court,  soon  after  the  peace  of  1783,  in 
which  he  was  one  of  the  negotiators.  He  performed  the  high  and  arduous 
duties  of  these  several  stations,  with  great  ability,  fidelity,  and  uprightness. 
He  returned  to  America  in  1788,  and  was  the  first  Vice  President  in  the  fed- 
eral government,  and  held  the  office  during  the  whole  time  Washington  was 
chief  magistrate.  Mr.  Jefferson  was  chairman  of  the  committee  of  Congress 
to  prepare  the  Declaration  of  Independence,  was  several  years  a  distinguished 
member  of  that  assembly  ;  sometime  Governor  of  Virginia,  his  native  State  ; 
a  minister  to  France  in  1785,  '86,  and  '87  ;  and  first  Secretary  of  State  in  the 
government  of  the  Union,  which  he  held  till  his  resignation  in  1794. 


92  FEDERAL  GOVERNMENT.  [1797 

tion  in  the  American  struggle  for  independence.  They 
knew  they  had  a  powerful  party  in  the  United  States,  dis- 
posed to  support  their  wishes  for  a  close  alliance  between 
the  two  countries,  and  for  united  hostilities  against  Great 
Britain.  In  1797,  Mr.  Pinckney  obtained  leave  to  retire 
from  France,  as  he  could  not,  with  his  sentiments  of  pa- 
triotism and  national  honor,  submit  to  the  demands  made 
upon  the  government  of  the  United  States,  as  the  price  of 
the  promised  favor  of  that  nation ;  which  were  as  improper 
in  manner,  as  extravagant  in  principle.  But  in  this  pro- 
tracted and  unhappy  dispute,  a  large  party  in  the  United 
States  constantly  justified  the  demands  and  the  measures 
of  the  French  rulers,  and  condemned  or  disapproved  the 
conduct  of  the  federal  administration. 

When  Mr.  Adams  was  inducted  into  the  office  of  Presi- 
dent, he  offered  a  merited  tribute  of  praise  to  his  illustrious 
predecessor,  for  his  political  wisdom  and  fidelity.  Having 
spoken  of  the  Constitution  of  the  United  States*  and  of  the 
republican  institutions  of  the  country,  and  noticed  the 
abuses  which  might  take  place  from  the  prevalence  of  a 
licentious  spirit,  he  observed,  "  The  people  of  America 
have  exhibited  a  most  interesting  system  of  government, 
to  the  admiration  and  anxiety  of  the  wise  and  virtuous  of 
all  nations,  for  eight  years,  under  the  administration  of  a 
citizen,  who,  by  a  long  course  of  great  actions,  regulated 
by  prudence,  justice,  temperance,  and  fortitude ;  conduct- 
ing a  people  inspired  with  the  same  virtues,  and  animated 
with  the  same  ardent  patriotism,  and  love  of  liberty,  to  in- 
dependence and  peace,  to  increasing  wealth,  and  unexam- 
pled prosperity  ;  has  merited  the  gratitude  of  his  fellow 
citizens,  commanded  the  highest  praises  of  foreign  nations, 
and  secured  immortal  glory  with  posterity.  In  that  re- 
tirement, which  is  his  voluntary  choice,  may  he  long  live 
to  enjoy  the  delicious  recollection  of  his  services,  the  grati- 
tude of  mankind,  the  happy  fruits  of  them  to  himself  and 
the  world,  which  are  daily  increasing,  and  that  splendid 
prospect  of  the  future  fortunes  of  his  country,  which  is 
opening  from  year  to  year.  His  name  may  be  still  a  ram- 
part, and  the  knowledge  that  he  lives  a  bulwark,  against 
all  open  or  secret  enemies  of  his  country's  peace."  * 

Before  the  close  of  the  fourth  Congress,  March,  1797, 
provision  was  made,  by  law,  for  the  meeting  of  the  next 

*  It  is  a  remarkable  fact,  that,  in  June,  1775,  when  the  Continental  Con- 
gress were  about  to  choose  a  commander-in-chief  of  the  American  army, 
raised,  and  to  be  raised,  for  the  defence  of  our  liberties,  Mr.  Adams  proposed 
George  Washington,  who  received  the  unanimous  vote  of  the  members. 


1797]  ADAMS.  93 

Congress,  on  the  first  Monday  of  November,  of  that  year  ; 
but  as  the  relations  of  the  United  States  had  become  more 
critical  and  embarrassing  with  France,  owing  to  the  ex- 
travagant demands  and  the  unfriendly  measures  of  those  then 
in  power  in  that  nation,  and  of  the  apprehensions,  perhaps 
justly  entertained,  of  a  declaration  of  war  by  that  govern- 
ment, or  of  acts  of  hostility,  equally  injurious  to  America, 
President  Adams  called  a  meeting  of  the  federal  legislature 
to  be  holden  on  the  fifteenth  of  May. 

Mr.  Pinckney  was  treated  with  personal  disrespect,  and 
the  government  of  the  United  States  severely  reproached, 
in  the  communications  which  were  officially  made  to  him 
by  the  French  Directory.  It  was  probably  intended  so  to 
wound  his  feelings  and  his  national  pride,  as  to  induce 
him  to  quit  his  station,  and  thus  to  give  a  new  occasion 
for  complaint  against  him.  But  his  desire  to  conciliate,  if 
possible,  the  rulers  of  France,  or  a  hope  that  others  might 
succeed  to  power  there,  who  would  be  desirous  to  treat  the 
United  States  as  an  independent  nation,  induced  him  to 
remain,  until  he  received  an  order  from  the  Directory  to 
depart  the  country. 

This  conduct  of  the  French  rulers  served  to  convince 
many  citizens  of  the  United  States,  with  all  their  gratitude 
and  friendship  towards  that  nation,  that  France  could  not 
be  conciliated  without  too  great  sacrifice,  or  too  much  hu- 
miliation. The  terms  proposed  by  the  Directory,  for  the 
continuance  of  national  friendship,  were  highly  unreason- 
able ;  and  its  language  to  the  representative  of  the  Ameri- 
can government,  expressed  too  much  of  an  insolent  spirit 
to  find  justification  or  apology. 

Had  there  been  any  stability  in  the  French  government 
from  1793  to  1798;  had  it  been  only  changed  from  an  ab- 
solute monarchy  to  a  republic  ;  and  had  the  claims  of  the 
rulers  of  France  on  the  gratitude  and  friendship  of  the 
United  States,  been  reasonable  and  just,  there  would  have 
been  no  serious  difficulties  between  the  two  nations.  The 
federal  administration  was  friendly  to  the  French  people, 
and  to  a  republic ;  and  would  never  have  interfered  with 
their  government  in  any  of  its  rapid  and  extraordinary 
changes;  but  it  could  not  perceive  that  it  would  be  con- 
sistent with  safety,  or  that  any  obligation  existed,  to  com- 
ply with  the  extravagant  demands  which  were  made  on 
the  American  States. 

The  President  communicated  to  Congress  the  recent 
instances  of  unfriendly  and  threatening  declarations  of  the 


94  FEDERAL  GOVERNMENT.  [1797 

French  rulers  towards  the  government  of  the  United  States, 
and  of  indignity  to  their  minister,  who  had  been  deputed 
with  the  most  sincere  desires  for  maintaining  peace  and 
amity  with  that  nation.  They  had  also  issued  new  orders 
for  depredations  on  American  commerce,  more  unjust  and 
injurious  than  any  former  regulations.  He  therefore  re- 
commended the  adoption  of  more  efficient  measures  for  de- 
fence ;  at  the  same  time  declaring  his  desire  and  purpose 
to  preserve  peace,  if  possible,  by  further  negotiation. 

The  sentiments  of  the  speech  were  approved  by  both 
branches  of  the  national  legislature ;  several  members  who 
were  generally  found  in  the  opposition,  voting  in  favor  of 
resolutions  for  supporting  the  honor  of  the  country,  in  con- 
sequence of  the  unreasonable  and  insolent  conduct  of  the 
French  rulers. 

It  was  still  the  policy  of  the  administration  and  of  the  ma- 
jority in  Congress  to  maintain  a  neutral  position,  and  to 
avoid  war  with  both  the  contending  nations  of  Europe. 
An  Act  was  passed  in  June,  1797,  to  prevent  citizens  of 
the  United  States  from  fitting  out  and  employing  vessels  as 
privateers,  against  nations  on  terms  of  peace  and  amity 
with  the  American  government.  And  as,  in  some  in- 
stances, the  dissatisfaction  of  the  French  ministers  was  so 
great  that  they  had  encouraged  depredations  on  vessels  be- 
longing to  American  citizens,  by  those  sailing  under  their 
commissions,  the  law  prohibited  such  practices,  on  a  heavy 
penalty,  and  long  imprisonment.  The  exportation  of  arms 
and  ammunition  was  also  forbidden  at  this  period,  and  en- 
couragement given  for  the  importation  of  all  such  articles. 
Authority  was  given  by  Congress  at  the  same  session,  to 
the  President,  for  detaching  eighty  thousand  of  the  militia, 
to  be  in  readiness  for  the  defence  of  the  country ;  and  to 
accept  of  independent  and  volunteer  companies,  as  a  part 
of  the  number  required.  It  was  however  provided,  that 
the  militia  should  not  be  compelled  to  serve  for  a  longer 
term,  at  any  one  time,  than  three  months ;  and  that  the 
authority  thus  given  to  the  President  should  be  limited  to  one 
year. 

At  the  same  session,  Congress  also  provided  for  a  naval 
force,  though  not  so  liberally,  and  to  such  an  extent,  as 
most  of  the  friends  of  the  administration  proposed.  The 
anthority  given  the  President  for  this  object,  was  only  to 
order  the  preparation  and  employment  of  three  large 
frigates  then  nearly  finished.  These  ships  were  of  large 
burthen  for  vessels  usually  of  that  class  and  name ;  being 


1797]  adams.  95 

of  sufficient  size  to  carry  forty -four  guns,  and  with  men  and 
marines  proportionate  to  the  number  of  guns,  and  the  di- 
mensions of  the  vessels.  President  Adams  was  decidedly 
in  favor  of  a  naval  armament,  as  a  proper  and  cheap  de- 
fence of  the  country  ;  especially  as  war,  if  it  came  at  all, 
would  be  made  by  one  of  the  great  maritime  and  naval 
powers  of  Europe.  Had  a  greater  number  of  vessels  been 
fitted  out  and  armed  by  the  United  States,  at  that  period, 
it  must  have  been  followed  by  more  respect  for  the  Ameri- 
can government,  from  nations  then  disposed  to  do  injustice, 
or  to  be  dictatorial  towards  this  rising  republic. 

To  meet  the  extra  expenses,  arising  from  these  measures 
for  national  defence,  duties  were  imposed  on  stamped  pa- 
per and  parchment,  used  for  public  purposes  of  various 
kinds,  by  merchants,  and  by  others,  engaged  in  lucrative 
pursuits,  and  in  some  cases,  by  those  in  office,  whose 
business  it  was  to  prepare  legal  instruments,  necessary  in 
pecuniary  contracts,  or  in  executing  the  duties  prescribed 
by  law. 

This  was  an  unpopular  measure,  although  the  public 
exigencies  required  an  additional  revenue.  It  was  perhaps 
less  objectionable  with  the  common  class  of  people,  than  a 
direct  tax  on  lands  and  houses,  which  was  imposed  soon 
after.  With  the  very  name  of  a  stamp-act,  was  asso- 
ciated the  idea  of  tyranny  and  oppression,  from  the  time 
the  British  Parliament  laid  such  a  tax  in  1765.  But  it 
was  difficult  to  raise  money  by  loans,  and  the  proceeds 
from  imposts  was  less,  than  for  several  former  years  of  the 
federal  government,  as  many  vessels  were  taken  and  con- 
fiscated both  by  the  British  and  French ;  and  the  mercan- 
tile part  of  the  community  were  less  engaged  in  navigation 
on  that  account.  That  the  federal  legislature  had  author- 
ity from  the  Constitution  to  raise  a  revenue  in  this  way, 
could  not  be  justly  doubted ;  but  the  administration  was 
charged  with  having  unwisely  pursued  a  policy  which  re- 
quired large  additional  expenses  to  the  nation ;  and  every 
measure  proposed  to  raise  money,  was  opposed  and  con- 
demned by  those  of  different  political  opinions.  The  ma- 
jority, however,  still  approved  and  justified  the  conduct  of 
the  administration,  in  resisting  the  unreasonable  and  ex- 
travagant claims  of  the  French  rulers.  An  additional  duty 
was  laid  on  salt,  which  bore  most  heavily  on  the  Eastern 
States,  where  the  consumption  was  very  great,  compared 
to  other  parts  of  the  Union,  on  account  of  their  extensive 
fisheries.  But  a  drawback  was  provided  of  a  greater 
amount,  on  salt  provisions,  and  pickled  fish  exported  j  and 


96  FEDERAL  GOVERNMENT.  [1797 

an  allowance  made  to  the  owners  of  vessels  employed  in 
the  codfisheries. 

Agreeably  to  his  declaration  of  making  further  attempts 
to  preserve  friendly  relations  between  the  United  States 
and  France,  the  President,  with  the  consent  of  the  Senate, 
appointed  three  eminent  citizens  as  Envoys  to  France ;  * 
instructing  them  to  prevent  a  war  with  that  nation,  and 
to  maintain  an  amicable  intercourse  with  its  government, 
if  it  could  be  effected  on  terms  "  compatible  with  the  rights, 
duties,  interests,  and  honor  of  the  American  people."  The 
instructions  to  the  Envoys  were,  "  to  seek  peace  and  recon- 
ciliation by  all  means  not  incompatible  with  the  honor  and 
faith  of  the  United  States  ;  and  without  violating  any  na- 
tional engagements,  or  consenting  to  any  innovation  on  the 
internal  regulations  for  preserving  peace  and  neutrality, 
which  had  been  deliberately  and  justly  adopted ;  or  sur- 
rendering the  rights  of  the  American  government." 

These  Envoys  were  received  with  no  better  nor  more 
friendly  spirit  than  had  been  manifested  in  their  treatment 
of  Mr.  Pinckney,  when  recently  the  only  representative 
from  the  United  States  at  the  Court  of  France.  It  was  at- 
tempted to  detach  them  from  each  other,  and  to  learn  the 
sentiments  and  views  of  each,  by  separate  and  secret  in- 
terviews. The  principle  adopted  by  the  Directory  was 
that  on  which  the  politicians  of  old  European  governments 
had  frequently  acted,  "  to  divide  and  conquer."  They 
were  evasive  and  equivocal  in  their  official  conversations ; 
and  in  their  intercourse,  by  private  agents,  sought  to  draw 
forth  concessions  which  might  be  represented  as  contra- 
dictory when  compared.  And  it  soon  became  evident  to 
two  of  the  Envoys  that  no  treaty  could  be  made,  on  terms 
which  would  be  either  honorable  or  just  for  the  United 
States  to  accept.  The  French  ministry  were  so  much  mis- 
taken in  the  character  of  the  American  government,  and 
had  so  little  respect  for  their  own,  that  they  demanded  or 
requested  a  douceur  ;  but  the  suggestion  was  rejected  with 
just  indignation.  The  patriotic  sentiment,  expressed  by 
Mr.  Pinckney,  on  this  occasion, — "Millions  for  defence, 
but  not  a  cent  for  tribute," — met  with  a  cordial  response 
in  the  breast  of  every  independent  citizen  of  the  United 
States.  Messrs.  Pinckney  and  Marshall  requested  leave 
of  the  President  to  return,  and  about  the  same  time  they 
were  ordered,  by  the  French  Directory,  to  quit  the  territo- 

*  C.  C.  Pinckney  was  re-appointed,  as  one  of  these,  and  Elbridge  Gerry, 
of  Massachusetts,  and  Wm.  Marshall,  of  Virginia,  were  the  other  two. 


1797]  adams.  97 

ries  of  the:  republic  ;  but  Mr.  Gerry,  their  colleague,  was 
invited  to  remain,  and  to  renew  the  negotiations.  He 
deemed  it  proper  to  comply  with  the  request ;  in  the  hope, 
no  doubt,  of  finding  a  more  friendly  disposition  in  the  Di- 
rectory, and  of  receiving  some  suitable  propositions  for  a 
treaty  between  the  two  governments.  Of  the  discretion  of 
this  act  in  one  of  the  Envoys,  when  two  of  them  judged  it 
improper  to  reside  any  longer  near  the  court  of  France, 
different  opinions  were  expressed  at  the  time  ;  and  it  was 
in  vain  that  he  continued  to  receive  further  communica- 
tions from  the  Directory,  as  he  could  not  agree  to  any 
terms  proposed,  compatible  with  the  dignity,  honor  or  in- 
terests of  the  United  States.  Agreeable  to  instructions  from 
the  President,  Mr.  Gerry,  left  France  in  October,  1798, 
about  six  months  after  the  departure  of  his  colleagues. 
He  was  unable  to  make  any  favorable  impression  on  the 
French  government,  and  though  attempts  were  made  to 
gain  him  to  their  purpose,  by  flattery,  he  displayed  a  good 
degree  of  caution,  while  he  remained,  and  yet  he  put  a 
more  favorable  construction  on  their  language  than  most 
others  could  admit. 

In  July,  1798,  it  was  solemnly  declared  and  enacted  by 
Congress,  that  the  treaty  with  France,  made  in  1778,  which 
stipulated  a  guarantee  of  the  French  possessions  in  Amer- 
ica by  the  United  States,  was  not  obligatory  upon  the  fed- 
eral government,  in  consequence  of  numerous  injuries  in- 
flicted by  the  rulers  of  that  nation  on  the  American  com- 
merce, and  of  other  violations  of  the  treaty  on  their  part.* 
This  was  considered  an  extraordinary  act,  as  the  treaty-mak- 
ing power  was  exclusively  vested  in  the  President  and  Sen- 
ate ;  but  it  was  contended,  that  the  Constitution  did  not  for- 
bid the  legislature  from  annulling  a  treaty,  which  had  been 
repeatedly  violated  by  the  other  contracting  power.  The 
treaty  with  France  had  been  made  by  Congress  under  the 
confederation,  which  no  longer  existed ;  and  as  the  Con- 
stitution was  silent  on  the  subject  of  rendering  void  a  treaty 
so  made,  it  devolved  on  the  national  legislature  to  interfere 
and  to  give  its  official  sentence  in  the  case. 

*  The  preamble  to  this  Act  of  Congress  was  as  follows, — "  Whereas  the 
treaties  concluded  between  the  United  States  and  France,  have  been  repeat- 
edly violated  on  the  part  of  the  French  government;  and  the  just  claims  of  the 
United  States  for  reparation  of  the  injuries  committed,  have  been  refused,  and 
attempts  to  negotiate  an  amicable  adjustment  of  the  complaints  between  the 
two  nations  have  been  repelled  with  indignity  ;  and  as  there  is  by  authority 
of  the  French  government,  still  pursued  against  the  United  States  a  system  of 
predatory  violence,  infracting  the  said  treaties,  and  hostile  to  the  rights  of  a 
free  and  independent  nation, — therefore^&c." 

13 


98  FEDERAL  GOVERNMENT.  [1798 

In  this  state  of  the  country,  Congress  adopted  further 
measures  for  defence,  from  an  expectation  that  the  Rulers 
of  France  might  project  an  invasion ;  and  attempt  to  sub- 
due the  United  States  by  their  conquering  arms,  as  they 
had  then  done  a  great  part  of  Europe.  Even  while  the 
last  of  the  three  Envoys  lingered  in  France  to  improve 
any  occasion,  which  might  present,  for  conciliation,  French 
ships  of  war  were  depredating  on  American  commerce ; 
and  that  a  vessel  bore  the  flag  of  the  United  States,  was  suf- 
ficent  inducement  to  capture  and  condemn  them.  Orders, 
similar  to  those  issued  by  the  British  government,  injurious 
to  the  commerce  of  neutrals,  to  which  the  French  Direc- 
tory said  the  United  States  ought  not  to  submit,  were 
adopted  by  the  rulers  of  France,  subjecting  to  seizure  all 
American  vessels  having  British  goods  or  products,  or 
which  had  sailed  from  British  ports. 

The  President  manifested  a  truly  patriotic  spirit  on  this 
occasion ;  but  while  he  declared  a  determination  to  perform 
his  part,  in  vindicating  the  rights  and  honor  of  the  nation, 
he  expressed  a  strong  desire  for  peace,  and  said  he  would 
seize  any  opportunity  which  might  occur  for  renewing 
negotiations  with  France.  A  regular  and  permanent  army 
was  now  ordered  to  be  raised ;  and  the  President  was  au- 
thorized to  organize  twelve  additional  regiments  of  infan- 
try, a  regiment  of  cavalry,  a  regiment  of  artillery,  and  a 
regiment  of  engineers,  to  serve  as  long  as  the  difference 
should  continue  with  the  French  government.  And  power 
was  also  given  the  federal  executive  to  build,  purchase,  or 
hire  twelve  vessels,  besides  those  then  belonging  to  the 
United  States,  sufficiently  large  to  carry  twenty  guns  each. 
Though  these  measures  for  defence  would  necessarily  in- 
crease national  expenses,  there  was  a  very  general  ex- 
pression of  approbation  by  the  people  in  every  part  of  the 
Union. 

When  the  French  Directory  perceived  that  the  govern- 
ment of  the  United  States  was  not  to  be  intimidated  into 
submission  to  their  plans,  and  would  not  sacrifice  the  in- 
terests and  rights  of  the  nation  in  compliance  with  their 
unjust  demands,*  they  manifested  a  disposition  to  enter 

*  To  show  the  mistaken  opinion  of  the  French  rulers,  respecting  the  senti- 
ments of  the  American  people,  as  well  as  of  the  administration,  they  expressed 
a  belief  that  the  majority  in  the  United  States  would  acquiesce  in  the  claims 
of  France,  and  would  oppose  their  own  government.  But  the  reverse  of  this 
was  the  fact.  The  people  were  desirous  of  peace  with  France,  and  rejoiced 
in  the  prospect  of  a  more  mild  and  free  government  there,  which  the  revolu- 
tion held  out  at  an  early  period;  but  they  had  no  respect  or  sympathy  for  the 


1798]  adams.  99 

into  fresh  negotiations.  They  gave  informal  and  indirect 
intimations  to  the  American  Minister  in  Holland,  that  if 
Envoys  should  be  again  appointed,  they  would  be  duly  ac- 
credited, and  diplomatic  intercourse  be  held  with  them. 
On  this  intimation,  the  President  promptly  expressed  a 
readiness  to  institute  another  embassy  to  the  French  gov- 
ernment. For  though  he  had  declared,  on  the  rejection  and 
ill  treatment  of  the  former  envoys,  that  he  would  not  ap- 
point others  until  he  had  assurances  they  would  be  re- 
ceived as  the  representatives  of  a  free,  powerful,  and  inde- 
pendent nation,  he  was  not  indisposed  to  meet  overtures 
from  the  rulers  of  France  for  renewing  negotiations. 

Such  a  measure  could  not  justly  be  considered  inconsis- 
tent with  the  declaration  previously  made,  under  the  cir- 
cumstances attending  it,  and  which  called  it  forth ;  and  it 
is  not  to  be  doubted,  that  the  President  was  desirous  to 
avert  the  calamities  of  war,  and  to  preserve  peace  with  a  pow- 
erful nation,  the  friendly  ally  of  the  United  States,  at  a  pe- 
riod of  extreme  difficulty  and  danger.  The  only  question 
which  arose  was,  whether  the  intimation  given,  and  the 
manner  in  which  it  was  communicated,  were  such  as  to 
justify  the  policy  and  propriety  of  the  measure  he  proposed. 
For  the  proposal  from  the  Directory,  was  to  receive  Mr. 
Murray,  then  Minister  in  Holland,  if  he  should  be  ap- 
pointed ;  which  was  in  effect  to  select  the  individual  who 
was  to  negotiate  with  them.  They  might  also  deny,  that 
they  had  given  authority  for  such  a  promise  or  intimation. 
It  would  have  been  similar  to  their  conduct  with  respect  to 
the  late  Envoys,  on  their  statement  to  the  President  that  pro- 
positions highly  reprehensible  (for  a  loan  and  a  douceur •,  as 
the  condition  of  even  commencing  negotiations  with  them) 
had  been  made  them.  It  was  denied  by  the  French  Min- 
ister, M.  Taliyrand,  that  any  such  proposition  had  ever 
been  made  by  the  authority  of  the  Directory.  And  Mr. 
Gerry,  one  of  the  Envoys,  was  treated  with  great  disrespect 
and  rudeness  by  that  Minister,  on  this  account. 

The  President  first  proposed  to  send  Mr.  Murray,  as  sole 
Envoy,  according  to  the  intimation  he  had  received;  but 
the  Senate  hesitated  to  approve  the  nomination ;  he  then 
named  two  others  to  be  joined  with  Mr.  Murray  in  the 

French  rulers  in  1796,  '97,  and  '98;  and  their  attachment  to  their  own  govern- 
ment and  to  the  liberty  and  honor  of  their  country  led  them  to  strong  resolu- 
tions in  support  of  the  administration.  The  most  patriotic  addresses  were 
presented  to  the  President  from  all  parts  of  the  Union,  tendering  their  support 
of  the  measures  for  defence  adopted  by  Congress  and  by  the  executive. 


100  FEDERAL  GOVERNMENT.  [1798 

embassy,  and  the  consent  of  that  body  was  then  given  to 
their  appointment.* 

The  second  session  of  the  fifth  Congress  (the  first  was  a 
special  session  in  June,  1797,)  which  was  began  in  Novem- 
ber, 1797,  continued  to  26th  of  July,  1798.  And  several 
important  laws  were  passed,  having  reference  to  the  crit- 
ical state  of  the  country, — for  the  protection  of  navigation, 
for  maintaining  neutrality,  for  defence  of  the  seacoast,  in 
the  event  of  an  invasion,!  and  for  an  additional  land  and 
naval  force,  and  for  a  direct  tax  on  real  estate,  to  render 
the  revenue  equal  to  the  expenses  of  the  occasion.  A  law 
was  also  passed  in  June,  1798,  to  suspend  the  commercial 
intercourse  between  the  United  States  and  France  and  her 
possessions.  And  merchant  ships  were  allowed,  under 
certain  restrictions,  to  be  armed  in  their  voyages  either  to 
the  West  Indies,  or  to  European  ports.  Most  of  these  acts 
and  measures  were  warmly  opposed  by  a  portion  of  the 
Representatives,  and  several  were  finally  adopted  by  small 
majorities.  J 

Provision  was  made  by  law  during  this  session  of  the 
national  legislature,  for  the  office  of  a  Secretary  of  the 
Navy ;  rendered  more  necessary  at  this  time,  on  account 
of  the  employment  of  a  far  greater  naval  force  than  at 
any  former  period  of  the  government.  George  Cabot,  of 
Massachusetts,  was  first  appointed  to  that  important  office, 
in  May,  1798 ;  but  he  declined,  and  Benjamin  Stoddart,  of 
Maryland,  was  soon  after  called  to  that  station.  The  navy, 
though  comparatively  small  at  that  period,  rendered  great 
service  to  the  commerce  of  the  United  States ;  and  the  per- 

*  These  were  Oliver  Ellsworth,  of  Connecticut,  and  Wm.  R.  Davie,  of 
North  Carolina.  And  Judge  Ellsworth  was  the  first  named  of  the  three.  Pat- 
rick Henry,  of  Virginia,  was  first  appointed,  but  declined  on  account  of  feeble 
health  and  advanced  age,  and  Governor  Davie  was  appointed  in  his  room.  In  his 
note,  declining  the  appointment,  Mr.  Henry  says, — "  I  entertain  a  high  sense 
of  the  honor  done  me,  by  the  President  and  Senate.  I  esteem  it  an  agreeable 
and  flattering  proof  of  their  consideration  towards  me.  Nothing  short  of  abso- 
lute necessity  could  induce  me  to  withhold  my  feeble  aid  from  an  administra- 
tion, whose  abilities,  patriotism,  and  virtue,  deserve  the  gratitude  and  rever- 
ence of  all  their  fellow-citizens." 

t  The  places  designated  to  be  fortified,  were  Boston,  Newport,  New  York, 
Baltimore,  Norfolk,  Charleston,  and  Savannah, 

t  Congress  gave  its  consent,  by  a  special  law,  at  this  session,  to  an  act  of 
the  State  of  Massachusetts,  for  incorporating  certain  persons  to  keep  a  pier  in 
repair,  erected  at  the  mouth  of  Kennebunk  river  in  Maine,  and  granting  au- 
thority to  lay  a  duty  on  vessels,  for  reimbursing  the  expenses  of  erecting  and 
maintaining  it.  The  case  may  appear  not  sufficiently  important  to  require  this 
express  permission  and  enactment;  but  it  was  probably  considered  proper  to 
have  the  consent  of  the  federal  government,  as  its  jurisdiction  extended  to  all 
maritime  and  commercial  subjects. 


1798]  ADAMS.  101 

mission  to  the  merchants  to  arm  their  vessels  in  self-de- 
fence, saved  a  large  amount  of  property  on  the  ocean  from 
capture  and  confiscation. 

When  it  was  determined  to  raise  a  provisional  army,  in 
1798,  as  a  necessary  measure  for  defence  of  the  country, 
on  the  second  refusal  of  the  French  rulers  to  negotiate  with 
the  American  Envoys,  and  after  they  had  uttered  repeated 
threats  to  invade  or  revolutionize  the  United  States,  it  was 
a  question,  suggested  alike  by  policy  and  good  judgment, 
who  should  be  selected  as  Commander-in-Chief.  It  must 
be  a  citizen  of  assured  patriotism,  of  experience,  and  one 
who  possessed  the  entire  confidence  of  the  nation.  The 
President  was  soon  determined  in  the  choice  of  General 
Washington,  for  this  highly  important  and  responsible  sta- 
tion. But  it  was  doubtful,  whether  he  would  accept,  at 
his  time  of  life,  and  with  his  known  predilection  for  retire- 
ment the  residue  of  his  days.  And  it  was  a  matter  of  deli- 
cacy, even  to  make  the  proposition  to  him.  Yet  when  it 
was  made,  he  did  not  hesitate  long  in  coming  to  a  decision. 
The  same  love  of  country  and  the  same  ardent  and  disin- 
terested disposition  for  its  welfare,  which  had  induced  him 
to  take  command  of  the  American  army,  in  1775,  and  to 
undertake  the  difficult  and  arduous  duties  of  Chief  Magis- 
trate of  the  Union,  in  1789,  still  animated  his  breast:  And 
he  consented  to  receive  the  commission  from  the  President, 
as  Lieutenant  General  and  Commander-in-Chief,  of  the 
army,  then  proposed  to  be  raised  ;  on  the  condition,  how- 
ever, that  his  service  in  the  field  would  not  then  be  required, 
and  that  no  expense  should  be  incurred,  except  for  the 
support  of  his  table  and  household,  while  in  actual  service. 
The  sacrifice  he  thus  made,  at  the  call  of  the  country,  was 
duly  appreciated  by  his  fellow-citizens  ;  while  the  act  itself 
afforded  full  proof  of  his  approbation  of  the  measure  adopted 
by  the  administration ;  and  yet  the  people  needed  not  this 
additional  evidence  of  his  sincere  patriotism,  or  of  the  pro- 
priety of  the  policy  which  had  been  pursued  by  the  fed- 
eral government.  The  crisis  did  not  arrive  which  rendered 
it  necessary  for  Washington  to  take  the  field;  and  in  the 
course  of  the  following  year,  a  treaty  was  made  with 
France,  which  put  an  end  to  the  military  preparations  in 
the  United  States.  An  army,  however,  was  raised  in 
1798,  as  voted  by  Congress,  and  General  Hamilton,  of 
New  York,  was  the  immediate  and  active  commander, 
being  next  in  rank  to  Washington,  when  the  officers  were 
appointed ;  and  who  was  recommended  by  him  for  that 
station.      The  other  principal  military  officers,  who  re- 


102  FEDERAL  GOVERNMENT.  [1798 

ceived  commissions  in  the  provisional  army,  were  C.  C. 
Pinckney,  of  South  Carolina,  H.  Knox,  of  Massachusetts, 
H.  Lee,  of  Virginia,  J.  Brooks,  of  Massachusetts,  W.  Wash- 
ington, of  South  Carolina,  Jon.  Dayton,  of  New  Jersey, 
Eben.  Huntington,  of  Connecticut,  W.  R.  Davie,  of  North 
Carolina,  A.  W.  White,  of  New  Jersey,  John  Sevier,  of 
Tennessee,  and  W.  North,  of  New  York. 

Two  Acts  passed  by  Congress,  in  1798,  called  the  Alien, 
and  Sedition  laws,  met  greater  opposition  than  any  other 
measures  adopted  at  that  time.  The  objection  to  the  sedi- 
tion law  was,  that  it  restricted  the  liberty  of  speech  and  of 
the  press ;  which  was  an  arbitrary  interference  with  the 
right  of  the  citizens  to  express  freely  their  opinions  on  all 
public  and  political  measures.  It  was  said,  in  justification 
of  the  law,  that  the  grossest  falsehoods  were  uttered  and 
published,  tending  to  deceive  the  people  and  to  excite  their 
prejudices  unduly,  to  the  danger  of  the  peace  of  the  nation ; 
that  those  in  power,  and  the  majority  in  Congress  were 
anti-republican,  and  in  favor  of  high  taxes  and  an  arbitrary 
government :  And  the  government  ought  to  take  measures 
to  protect  its  rightful  authority,  and  maintain  the  peace  of 
the  republic :  And,  that  the  law  expressly  provided,  in 
mitigation  of  the  common  law  on  libels,  that  the  truth,  if 
proved,  should  be  a  justification  of  the  publication.  It  was 
afterwards  doubted,  whether  the  law  was  politic  in  a  free 
country,  where  some  instances  of  licentiousness  in  the  press 
were  to  be  expected.  And  it  was  judged  that  the  common 
law  would  have  been  sufficient  to  prevent  the  evils  which 
existed,  which  were  undeniably  great  and  extensive,  and 
might  have  been  resorted  to  in  extreme  cases  of  falsehood 
and  abuse  of  the  government. 

The  law  empowering  the  President  to  order  Aliens,  who 
were  found  or  supposed  to  be  conspiring  against  the  peace 
and  authority  of  the  United  States,  to  depart  its  territories, 
was  severely  condemned,  as  it  gave  power  to  the  execu- 
tive to  judge  and  decide,  without  the  usual  process  of  law, 
and  without  what  might  be  considered  strict  legal  proof  in 
the  case.  The  power  was  thought  extremely  liable  to 
abuse,  and  such  as  might  easily  be  exercised  in  a  capri- 
cious and  arbitrary  manner.  This  was  a  strong  objection  ; 
but  the  apology  for  the  law  was, — that  the  persons  thus 
liable  to  be  required  to  leave  the  country,  were  not  citizens, 
i — had  no  just  claims  to  a  continuance  here, — and  that  their 
residence,  with  the  views  they  had,  and  the  opinions  they 
published,  endangered  the  welfare  of  the  nation,  for  which 
it-was  the  imperious  duty  of  Congress  to  provide.     The 


1798]  ADAMS.  103 

opposition  to  these  laws  was  very  great,  not  to  say  intem- 
perate, in  some  parts  of  the  country.  In  Virginia  and 
Kentucky,  the  legislature  declared  them  to  be  direct  and 
gross  infractions  of  the  Constitution,  and  appealed  to  the 
other  States  to  join  in  opposition  to  them.  At  the  next 
session  of  Congress,  numerous  petitions  were  presented  for 
a  repeal ;  but  without  avail  at  that  time. 

In  his  speech  to  Congress,  at  the  beginning  of  the  ses- 
sion, in  December,  1798,  the  President  referred  to  the  polit- 
ical relations  of  the  United  States  with  the  French  gov- 
ernment ;  and  while  he  recommended  the  continuance  of 
measures  for  national  defence,  he  declared  his  desire  for 
reconciliation  and  peace  with  France,  and  a  hope  that 
negotiations  might  be  recommended  for  that  purpose.  To 
attain  an  honorable  treaty,  he  said,  it  was  necessary  to  be 
prepared  for  war,  and  to  show  the  world  that  we  were  not 
a  degraded  nor  a  divided  people.  The  speech  was  dictated 
by  a  truly  patriotic  spirit,  manifesting  alike  a  desire  for 
peace,  and  a  resolution  to  maintain  the  rights  and  interests 
of  the  nation.*  He  referred  also  to  the  report  of  commis- 
sioners, who  had  been  appointed  to  ascertain  the  bounds  of 
the  United  States  and  the  British  Provinces  of  Nova  Scotia 
and  New  Brunswick.  They  had  "  fixed  on  the  Schoodic, 
as  the  true  St.  Croix  intended  in  the  treaty  of  1783;  as  far 
as  its  great  fork,  where  one  of  its  streams  come  from  the 
westward,  and  the  other  from  the  northward ;  and  that  the 
latter  was  the  continuation  of  the  St.  Croix  to  its  source. 
This  decision  (he  said)  would  preclude  all  contention  be- 
tween persons  claiming  that  the  Schoodic  and  its  northern 
branch  bound  the  grants  of  lands,  which  have  been  made 
by  the  respective  adjoining  governments." 

The  sentiments  expressed  by  the  President,  in  his  speech 
to  Congress,  relating  to  France,  were  fully  approved  by  the 
Senate,  and  by  the  majority  of  the  Representatives ;  though 
some  members  of  the  House  discovered  a  determination  to 
oppose  any  further  measures  for  the  defence  of  the  country, 
on  account,  as  they  said,  of  preventing  an  increase  of  taxes 
on  the  people,  and  being  in  expectation  of  a  speedy  resto- 
ration of  good  will  on  the  part  of  the  French  government. 
It  was  ordered  by  Congress,  however,  that  the  provisional 
army  should  be  tilled  up,  and  the  naval  force  augmented 

*  General  Washington,  was  present  on  this  occasion,  in  the  Representatives 
room,  accompaned  by  Generals  Pinckney  and  Hamilton.  They  were  then  at 
the  seat  of  the  federal  government,  to  consult  with  the  President  on  further 
arrangements  respecting  the  provisional  army. 


104  FEDERAL  GOVERNMENT.  [1798 

by  building  or  purchasing  more  vessels  to  be  armed  for  the 
service  of  the  nation.  The  direct  tax  was  ordered  to  be 
collected,  for  replenishing  the  public  treasury ;  and  other 
measures  were  adopted,  with  a  wise  precaution,  to  meet 
any  danger  which  might  arise.  Citizens  found  holding 
correspondence  with  foreign  governments  or  their  agents, 
on  political  subjects,  and  designed  to  influence  their  con- 
duct to  the  injury  of  the  United  States,  were  declared  liable 
to  a  heavy  fine,  and  to  imprisonment ;  but  at  the  same  time 
individual  rights  were  guarded  from  infringement.  And  an 
additional  Act  was  passed  for  suspending  commercial  in- 
tercourse between  the  United  States  and  France,  but  lim- 
ited to  the  period  of  one  year. 

The  proposition  for  increasing  the  naval  force  of  the 
United  States,  now  met  with  more  favor  in  Congress,  than 
at  any  former  period.  The  President  was  authorized  to 
build  six  large  ships  of  war,  of  seventy-four  guns :  and 
six  sloops  of  war,  of  eighteen  guns  ;  and  one  million  of 
dollars  was  appropriated  for  the  purpose.  The  Secretary 
of  State  was  directed  to  make  an  annual  report,  respecting 
American  seamen,  impressed  and  detained  on  board  foreign 
vessels,  as  he  might  be  able  to  ascertain  by  consulting  the 
collectors  of  imposts  through  the  United  States.  And  if 
any  acts  of  cruelty  or  severity  were  known  to  be  com- 
mitted on  American  citizens,  so  impressed,  or  captured,  the 
President  was  empowered  and  requested  to  cause  due  re- 
taliation to  be  made  on  subjects  of  other  nations,  who  were 
taken  warring  upon  the  vessels  of  the  United  States. 

Difficulties  still  existing  on  the  western  and  southern 
frontiers,  between  inhabitants  of  the  United  States  and  the 
Indian  tribes,  an  additional  law  was  passed  for  regulating 
trade  with  the  tribes,  and  maintaining  a  friendly  inter- 
course with  them.  Measures  were  taken  for  fixing  the 
bounds  between  lands  belonging  to  the  United  States,  and 
those  in  possession  of  the  Indians,  or  claimed  by  them,  and 
not  formally  relinquished  to  the  federal  government.  The 
inhabitants  were  forbid  crossing  such  lines  or  going  into 
the  Indian  territory  to  hunt,  &c,  on  the  penalty  of  impris- 
onment, or  payment  of  one  hundred  dollars.  And  all  acts 
of  injustice  and  trespass,  against  the  Indians,  and  on  their 
territory,  were  made  punishable  in  the  federal  Courts. 

Overt  acts  of  opposition  to  the  law  for  a  valuation  of 
lands  and  houses,  were  committed  in  some  of  the  north- 
western counties  of  Pennsylvania ;  and  on  representation 
to  the  President,  he  called  on  the  Governor  of  that  State 
for  the  militia,  to  suppress  the  lawless  proceedings.     The 


1798]  ADAMS.  105 

Governor  promptly  complied  with  the  requisition;  and  the 
insurrection  was  soon  suppressed.* 

The  envoys,  appointed  early  in  1799,  to  the  French  gov- 
ernment, did  not  leave  the  United  States  till  November. 
Satisfactory  assurances  were  not  given  to  the  President  till 
October,  that  they  would  be  received  and  treated  as  the 
agents  of  an  independent  and  powerful  nation  ;  such  being 
the  condition  stated  when  he  proposed  to  the  Senate  to 
make  another  attempt  to  negotiate  with  France,  and  to 
avoid  the  evils  of  war.  To  some  extent  hostilities  had 
commenced  on  the  ocean  between  the  two  nations ;  though, 
on  the  part  of  the  United  States,  it  was  entirely  defensive. 
Depredations  on  the  American  commerce  had  been  com- 
mitted for  two  years,  and  immense  property  taken  and  con- 
fiscated. In  1798,  several  frigates,  and  some  smaller  public 
armed  vessels,  were  fitted  out  in  defence  of  the  mercantile 
interests,  and  upwards  of  three  hundred  private  vessels 
were  armed  by  permission  of  the  government,  for  self- 
defence,  when  pursuing  their  lawful  enterprise  on  the 
ocean.  Several  French  ships  of  war  were  captured  by  the 
public  vessels  of  the  United  States,  in  1799.  Still  war  had 
not  been  declared  by  either  government,  and  many  in  both 
nations  did  not  fail  to  cherish  hopes  of  reconciliation,  so  as 
to  prevent  the  continuance  of  such  a  disastrous  state  of 
things.  The  federal  administration  was  always  sincerely 
desirous  of  maintaining  peace  and  a  friendly  intercourse 
with  France ;  and,  in  this  disposition,  the  President  pro- 
posed to  institute  another  embassy  to  that  government,  on 
the  first  intimation  that  the  proposal  on  his  part  would  be 
met  in  a  similar  spirit. 

But,  as  already  observed,  the  proposition  was  considered 
improper  and  injudicious,  by  some  of  the  political  friends 
of  the  administration,  though  the  majority  of  the  people 
commended  the  measure.  Some  of  the  opposition  also  ap- 
plauded the  President  for  the  act,  as  it  afforded  full  proof  of 
the  sincerity  of  his  repeated  professions,  that  he  was  averse 
from  war  with  the  French  nation.  Still  the  dissatisfaction 
expressed  was  so  great,  on  account  of  the  absence  of  that 
full  and  direct  assurance  which  ought  to  be  required,  that 
other  envoys  would  be  duly  respected,  that  the  President 
deemed  it  proper  not  to  direct  those  who  had  been  ap- 

*  There  were,  at  this  period,  two  hundred  Newspapers  published  in  the 
United  States;  one  hundred  and  seventy-eight  or  eighty  were  in  favor  of  the 
federal  administration;  about  twenty  were  opposed  to  most  of  the  leading 
measures  then  adopted — and  the  greater  portion  of  these  were  under  the  con- 
trol of  Aliens. 

14 


106  FEDERAL  GOVERNMENT.  [1799 

pointed,  to  proceed  to  France  for  several  months.  If  a 
prompt  and  friendly  consideration  of  the  proposal  was 
judicious  in  the  President,  it  was  equally  so  to  suspend 
his  directions  to  the  Envoys  to  proceed  on  the  embassy,  till 
he  had  more  unequivocal  and  official  assurances  of  their 
favorable  and  respectful  reception.  There  was  a  great 
degree  of  sensibility  manifested  on  this  occasion ;  and  the 
President  was  considered  as  precipitate  in  his  compliance 
with  the  proposal  of  the  French  Ministry,  at  the  first  mo- 
ment of  his  knowledge  of  it.  And  it  was,  unhappily,  the 
cause  of  leading  some  good  citizens  to  lessen  their  confi- 
dence in  the  firmness  and  judgment  of  the  Chief  Magis- 
trate. But  the  great  majority  of  his  former  friends  adhered 
to  him,  who  believed  that  public  opinion  and  the  political 
state  of  the  nation  justified  his  conduct.  The  measures  for 
defence,  which  had  been  authorized  by  Congress,  both  as 
to  completing  the  military  force  on  land,  and  vessels  of 
war  for  the  defence  of  commerce,  were  carried  into  effect 
by  the  Executive  in  the  course  of  the  summer.  The  ships 
of  war  constituted  a  respectable  naval  force,  especially  for 
defence,  though  not  equal  to  meet  the  navy  of  England  or 
France.  The  provisional  army,  designed  for  defence,  in 
the  event  of  an  invasion,  was  duly  organized,  and  the 
great  body  of  the  people  were  animated  with  a  lofty  spirit 
of  patriotism,  which  was  alike  honorable  to  the  character 
of  the  citizens  and  to  the  government.  But  near  the  close 
of  the  year,  the  sudden  death  of  the  Commander-in-Chief, 
spread  a  deep  gloom  over  the  whole  country.  Never  did 
the  decease  of  an  individual,  in  any  age  or  nation,  excite 
so  sincere  and  universal  lamentation.  And  never,  perhaps, 
had  the  public  services  and  virtues  of  any  man,  whose  his- 
tory is  on  record,  so  justly  entitled  him  to  the  gratitude, 
respect,  and  admiration  of  his  countrymen. 

At  the  meeting  of  Congress,  in  December,  1799,  the 
speech  of  the  President,  was  received  with  almost  entire 
approbation  by  both  branches  of  the  national  legislature. 
He  referred  to  the  resistance  which  had  been  made  in  some 
parts  of  Pennsylvania  to  an  Act  of  Congress  directing  a 
valuation  of  houses  and  land  preliminary  to  a  direct  tax  ; 
and  to  the  means  used  to  suppress  it — to  the  removal  of 
restrictions  on  the  commercial  intercourse  with  the  island 
of  St.  Domingo,  in  pursuance  of  authority  given  him  by 
Congress — to  proceedings  of  the  commissioners  under  the 
late  treaty  with  Great  Britain,  and  to  the  difficulties  attend- 
ing the  full  and  speedy  execution  of  some  parts  of  it — to 
the  progress  made  in  erecting  the  public  buildings  in  the 


1799]  ADAMS.  107 

District  of  Columbia,  for  the  accommodation  of  the  na- 
tional government — and  to  his  late  directions  to  the  En- 
voys to  proceed  to  Prance,  on  having  received  official  as- 
surance from  the  French  government,  that  they  would  be 
duly  respected  and  negotiations  be  renewed. 

The  answer  of  the  Senate  was  short,  but  expressive  of 
their  entire  approbation  of  the  political  course  of  the  Pres- 
ident. That  of  the  House,  prepared  by  a  Committee,  of 
which  Mr.  Marshall,  of  Virginia,  was  the  Chairman, — and 
which  fully  indicated  the  sentiments  of  the  majority  in  the 
United  States,  at  that  critical  period, — contained  the  fol- 
lowing paragraphs  : — 

"  That  any  portion  of  the  citizens  should  permit  them- 
selves to  be  seduced  by  the  arts  and  misrepresentations  of 
designing  men  into  an  open  resistance  of  a  law  of  the 
United  States,*  cannot  be  heard  without  deep  and  serious 
regret.  Under  a  Constitution  where  the  public  burdens 
can  only  be  imposed  by  the  people  for  their  own  benefit, 
and  to  promote  their  own  welfare,  a  hope  might  have  been 
indulged,  that  the  general  interest  would  have  been  too 
well  understood  and  the  general  welfare  too  highly  prized, 
to  have  produced  in  any  of  our  citizens  a  disposition  to 
hazard  so  much  felicity,  by  the  criminal  effort  of  a  part,  to 
oppose,  with  lawless  violence,  the  will  of  the  whole.  While 
we  lament  that  degree  of  depravity,  which  could  produce 
a  defiance  of  the  civil  authority,  and  render  indispensable 
the  aid  of  the  military  force  of  the  nation,  real  consolation 
is  to  be  derived  from  the  promptness  and  fidelity  with 
which  the  aid  was  afforded.  The  zealous  and  active  co- 
operation with  the  judicial  power,  of  the  volunteers  and 
militia  called  into  service,  which  has  restored  order  and 
submission  to  the  laws,  is  a  pleasing  evidence  of  the  at- 
tachment of  our  fellow-citizens  to  their  own  free  govern- 
ment, and  of  the  truly  patriotic  alacrity  with  which  they 
will  support  it. 

11  Highly  approving,  as  we  do,  the  pacific  and  humane 
policy  which  has  been  invariably  professed  and  sincerely 
pursued  by  the  Executive  authority  of  the  United  States 
a  policy  which  our  best  interests  enjoined,  and  of  which 
honor  has  permitted  the  observance,  we  consider  as  the 
most  unequivocal  proof  of  your  inflexible  perseverance  in 
the  same  well- chosen  system,  your  preparation  to  meet  the 
first  indications,  on   the  part  of  the  French  Republic,  of  a 

*  Alluding  to  the  resistance  in  Pennsylvania  to  the  Act  of  Congress  for 
raising  a  direct  tax. 


108  FEDERAL  GOVERNMENT.  [1799 

disposition  to  accommodate  the  differences  between  the  two 
countries,  by  a  nomination  of  ministers,  on  certain  condi- 
tions, which  the  honor  of  our  country  unquestionably  dic- 
tated, and  which  its  moderation  had  certainly  given  it  a 
right  to  prescribe.  When  the  assurance,  thus  required  of 
the  French  government  previous  to  the  departure  of  our 
Envoys,  had  been  given  through  their  minister  of  foreign 
relations,  the  direction  for  them  to  proceed  on  their  mission, 
was  on  your  part,  a  completion  of  the  measure,  and  mani- 
fested the  sincerity  with  which  it  was  commenced.  The 
uniform  tenor  of  your  conduct,  through  a  life  useful  to  your 
fellow-citizens,  and  honorable  to  yourself,  gives  a  sure 
pledge  of  the  sincerity  with  which  the  avowed  objects  of 
the  negotiation  will  be  pursued  on  your  part ;  and  we 
earnestly  pray  that  similar  dispositions  may  be  displayed 
on  the  part  of  France.  The  differences,  unhappily  sub- 
sisting between  the  two  nations,  cannot  fail,  in  that  event, 
to  be  favorably  terminated.  To  produce  this  end,  to  all  so 
desirable,  firmness,  moderation,  and  union  at  home  consti- 
tute, we  are  persuaded,  the  surest  means. 

"  The  character  of  the  gentlemen  you  have  deputed,  and 
still  more,  the  character  of  the  government,  which  deputes 
them,  are  safe  pledges  to  their  country,  that  nothing  in- 
compatible with  its  honor  or  interest,  nothing  inconsistent 
with  our  obligations  of  good  faith  or  friendship  to  any  other 
nation,  will  be  stipulated. 

"  With  you,  sir.  we  deem  the  present  period  critical  and 
momentous.  The  important  changes  which  are  occurring, 
the  new  and  great  events  which  are  every  hour  preparing 
in  the  political  world,  the  spirit  of  war  which  is  prevalent 
in  almost  every  nation,  with  whose  affairs  the  interests  of 
the  United  States  have  any  connection,  demonstrate  how 
unsafe  and  precarious  would  be  our  situation,  should  we 
neglect  the  means  of  maintaining  our  just  rights.  Respect- 
ing, as  we  have  ever  done,  the  rights  of  others,  America 
estimates  too  correctly  the  value  of  her  own,  and  has  re- 
ceived evidence  too  complete  that  they  are  only  to  be  pre- 
served by  her  own  vigilance,  ever  to  permit  herself  to  be 
seduced,  by  a  love  of  ease,  or  by  any  other  considerations, 
into  that  deadly  disregard  of  the  means  of  self-defence, 
which  could  only  result  from  a  carelessness,  as  criminal  as  it 
would  be  fatal,  concerning  the  future  destinies  of  our  grow- 
ing republic.  The  result  of  the  mission  to  France  is  in- 
deed uncertain.  It  depends  not  on  America  alone.  The 
most  pacific  temper  will  not  always  ensure  peace.  We 
should,  therefore,  exhibit  a  system  of  conduct,  as  indiscreet 


1799]  ADAMS.  109 

as  it  would  be  new  in  the  history  of  the  world,  if  we  con- 
sidered the  negotiation  happily  terminated,  because  we 
have  attempted  to  commence  it ;  and  peace  restored,  be- 
cause we  wish  its  restoration.  But,  however  this  mission 
may  terminate,  a  steady  perseverance  in  a  system  of  na- 
tional defence,  commensurate  with  our  resources  and  the 
situation  of  our  country,  is  an  obvious  dictate  of  duty. 
Experience,  the  parent  of  wisdom,  and  the  great  instructer 
of  nations,  has  established  the  truth  of  your  position,  that, 
remotely  as  we  are  placed  from  the  belligerant  nations,  and 
desirous  as  we  are,  by  doing  justice  to  all,  to  avoid  offence 
to  any,  yet  nothing  short  of  the  power  of  repelling  aggres- 
sions, will  secure  to  our  country  a  rational  prospect  of 
escaping  the  calamities  of  war,  or  national  degradation." 

The  session  of  the  federal  legislature  which  commenced 
December,  1799,  was  continued  to  the  middle  of  May, 
1800.  Besides  the  additional  acts  for  the  defence  of  the 
country,  and  the  protection  of  commerce,  several  important 
laws  were  adopted,  which  serve  to  illustrate  the  leading 
spirit  and  objects  of  the  general  government.  An  Act  was 
passed  for  maintaining  pacific  relations  with  the  Indian 
tribes,  and  for  the  punishment  of  those  who  should  attempt 
to  seduce  them  to  hostilities  against  the  inhabitants  of  the 
United  States.  Persons  liable  to  imprisonment  for  debt,  on 
a  judgment  of  the  federal  courts,  in  civil  actions,  had  the 
same  privileges  allowed,  as  in  most  of  the  States,  which 
was,  liberty  of  the  prison  yard,  or  limits,  and  the  taking 
of  the  poor  debtors'  oath,  as  it  was  usually  called,  in  cases 
decided  by  the  courts  of  the  United  States,  except  when  the 
debt  was  due  to  the  government.  A  bankrupt  law  was 
also  enacted  at  this  session  of  Congress,  which  had  been 
proposed,  and  strongly  advocated,  at  several  preceding 
meetings  of  the  legislature.  A  bill  for  the  purpose  had 
been  passed  by  the  House  of  Representatives,  a  year  be- 
fore, but  did  not  receive  the  concurrence  of  the  Senate.  In 
the  House  there  were  several  merchants,  and  others,  ac- 
quainted with  the  changes  and  reverses  of  those  engaged 
in  mercantile  enterprises,  who  urged  the  adoption  of  such 
a  law ;  for  they  believed  that  both  justice  and  humanity 
required  it ;  and  pressed  their  arguments  from  the  fact, 
that  in  most  of  the  commercial  nations  in  Europe,  similar 
laws  were  in  operation. 

In  1794  a  law  was  passed  by  Congress,  in  accordance 
with  the  President's  proclamation  of  neutrality,  prohibiting 
the  citizens  of  the  United  States  from  all  military  expedi- 
tions, on  land  or  sea,  against  any  foreign  nations,  with 


110  FEDERAL  GOVERNMENT.  [1799 

which  the  States  were  at  peace ;  and  from  receiving  and 
acting  under  any  commissions  for  such  hostile  purposes, 
except  by  express  authority  from  the  federal  government. 
The  officious  interference  of  French  agents  at  that  period, 
.a^nd  the  excited  feelings  of  a  great  portion  of  the  people, 
w*ho  were  eager  to  engage  in  enterprises  in  aid  of  France, 
rendered  such  a  law  necessary,  to  preserve  the  public 
peace.  This  law  being  about  to  expire,  by  the  express 
terms  of  limitation,  was,  at  the  present  session,  continued 
for  an  unlimited  time.  During  the  same  meeting  of  Con- 
gress, the  President  was  authorized  to  accept  a  cession  of 
the  jurisdiction  of  the  territory,  called  the  Western  Reserve 
of  Connecticut,  and  lying  west  of  Pennsylvania,  being  a 
large  tract  of  land  within  the  present  limits  of  the  State  of 
Ohio,  and  excepted  by  the  State  of  Connecticut,  from  the 
grant  made  by  that  State,  of  lands  claimed  by  it,  in  the 
Northwest  Territory.  And  he  was  even  empowered  also 
to  issue  letters  patent  to  the  government  of  Connecticut, 
for  the  use  and  benefit  of  such  persons  as  were  then  settled 
on  the  said  Reserve,  under  authority  of  that  State.  At  the 
beginning  of  this  session  of  Congress,  a  delegate  from  the 
people  in  the  Northwest  Territory  appeared,  and  was  al- 
lowed a  seat,  with  a  right  to  speak  in  the  House,  but  not 
to  vote.*  He  was  the  first  instance  of  a  delegate  or  mem- 
ber of  Congress  from  a  Territory,  and  not  of  a  State.  But 
many  similar  instances  have  occurred  since  that  time. 
The  Northwest  Territory  was  divided  at  this  session  of  the 
national  legislature,  and  that  part  northwest  of  the  Ohio 
river,  which  lies  westward  of  a  line — beginning  opposite  the 
mouth  of  Kentucky  river,  and  running  thence  to  fort  Re- 
covery, and  thence  north,  till  it  intersects  the  line  between 
the  United  States  and  Canada — was  made  a  separate  Terri- 
tory, and  called  Indiana;  and  a  temporary  government 
provided  for  it. 

A  law  of  the  federal  legislature,  passed  in  March,  1794, 
prohibited  the  carrying  on  of  the  slave  trade,  by  citizens  of 
the  United  States,  in  any  ways  or  places,  under  severe 
forfeitures  and  penalties.  It  made  all  vessels,  owners, 
shipmasters,  and  seamen,  concerned  in  transporting  slaves 
from  the  United  States,  and  in  conveying  them  from  one 
country,  or  port,  or  place,  to  another,  liable  to  be  forfeited, 
fined,  or  imprisoned.  In  May,  1800,  an  additional  law 
was  enacted  on  this  subject,  more  explicit  and  more  exten- 


*  This  delegate  was  W.  H.  Harrison,  then  quite  a  young  man.     Two  years 
after,  he  waa  appointed  Governor  of  that  Territory. 


1800]  ADAMS.  HI 

sive  in  its  operation  than  the  former.  Additional  duties 
were  laid,  at  this  session  of  Congress,  on  sugars,  molasses, 
and  wines.  An  Act  was  passed  for  a  new  census  to  be 
taken  of  the  inhabitants;  and  for  erecting  forts  at  some 
other  places  on  the  seacoasts  than  those  then  fortified.  An 
additional  law  relating  to  the  Post  Office  department  was 
also  passed ;  the  rapid  increase  of  the  towns,  and  the  great 
number  of  entirely  new  plantations,  rendered  new  routes 
for  conveying  the  mail,  very  important  and  useful.  The 
President  was  empowered  to  suspend  measures  provided 
for  defence,  by  an  increase  of  the  naval  and  land  forces, 
whenever  the  state  of  the  belligerant  powers  of  Europe, 
and  especially  the  policy  of  France  towards  the  United 
States,  should,  in  his  opinion,  justify  it. 

Though  no  expensive  measures,  except  those  for  na- 
tional defence,  were  adopted,  and  though  the  President  had 
manifested  a  sincere  desire  to  prevent  open  hostilities  with 
France,  even  to  some  condescension  in  appointing  a  new 
embassy,  as  many  of  his  political  friends  supposed  ;  strange 
as  it  may  appear,  those  opposed  to  the  administration,  by 
secret  and  incessant  efforts  gained  strength  and  new  adhe- 
rents :  and  as  public  dangers  became  less  pressing  and  less 
imminent,  they  were  more  clamorous  and  bold  in  their 
censures.  It  was  pretended  that  the  great  expenditures  for 
a  navy  and  an  army  were  unnecessary  and  impolitic,  as 
peace  might  have  been  always  maintained  with  France 
had  the  federal  administration  been  sincerely  desirous  of  it ; 
and  that  the  burden  of  new  taxes,  and  excise  might  have 
been  avoided,  had  not  the  Executive  adopted  unwise  or 
improper  measures.  Taxes  are  always  considered  griev- 
ances by  the  people ;  and  it  is  only  when  they  do  not  per- 
ceive them  to  be  absolutely  and  immediately  necessary  for 
the  support  of  liberty,  that  they  submit  to  them  without 
complaint.  And  the  feelings  of  the  people  generally  in  the 
United  States  were  so  engaged  on  the  side  of  regenerated 
and  republican  France,  as  it  was  called  in  1793 — 98,  that 
they  were  ready  to  suppose  all  were  enemies  to  liberty 
who  opposed  any  of  the  extravagant,  violent,  and  arbitrary 
conduct  of  its  rulers.  Their  strong  prejudices  and  their 
immediate  interests  were  against  the  administration,  and  in 
favor  of  the  opposition,  led  by  self-styled  reformers,  from 
whom  they  expected  relief  from  taxes,  and  the  enjoyment  of 
greater  freedom. 

Such  is  the  general  character  of  mankind.  They  are 
naturally  jealous  of  those  in  power,  consider  little   of  the 


112  FEDERAL  GOVERNMENT.  [1800 

necessary  expenses  of  government,  are  impatient  of  re- 
straint, easily  excited,  ready  to  listen  to,  and  liable  to  be 
deceived  by,  such  as  profess  to  be  their  special  friends  and 
the  asserters  of  civil  liberty.  Their  great  error  consists  in 
want  of  due  inquiry,  and  just  discrimination.  They  de- 
cide hastily,  and,  therefore,  often  erroneously.  And  their 
best  friends  will  probably  be  censured  and  reproached, 
while  such  as  make  strong  professions,  and  declaim  most 
loudly  in  the  cause  of  political  freedom  are  applauded  and 
followed.  In  1798,  it  appeared  to  be  almost  the  universal 
sentimentof  the  people,  that  the  conduct  of  the  administration, 
and  the  measures  adopted  by  Congress,  were  proper,  wise, 
and  necessary.  Before  the  close  of  1800,  without  any 
change  of  policy,  or  extravagance  in  public  expenditures,  or 
charge  of  passing  arbitrary  or  oppressive  laws,  the  majority 
in  the  national  legislature  were  found  to  be  the  opponents 
of  the  administration,  and  the  popular  voice  was  in  condemna- 
tion of  the  measures  which  had  been  pursued  and  approved. 
There  were  some  men  of  talents  and  of  plausible  political 
theories,  who  were  constantly  engaged  in  making  misrepre- 
sentations, and  in  exciting  the  prejudices  of  the  people.  They 
had  false  views  of  human  nature,  and  represented  man  as 
needing  little  or  no  restraints  from  law  and  government. 
They  professed  to  believe  that  human  governments  ought 
to  have  far  less  power,  than  was  common,  and  the  people 
more  freedom ;  that  riots  and  excesses  might  sometimes  be 
witnessed  ;  but  that  the  good  sense  and  virtue  of  the  people 
would  suppress  them.  The  exhibition  of  the  disorders  and 
extravagances,  of  the  cruelties  and  outrages  in  France,  for 
six  years,  under  the  sacred  name  of  liberty,  failed  to  con- 
vince them  of  their  erroneous  theory,  and  of  the  necessity 
of  authority  in  civil  government,  to  guarantee  the  full  en- 
joyment of  freedom  to  all  the  people. 

Sometime  after  the  American  Envoys  reached  Paris, 
where  they  proceeded,  on  receiving  direct  assurances  of 
being  received  with  due  respect,  three  commissioners  were 
appointed  by  the  French  government,  to  treat  with  them. 
Napoleon  Buonaparte  was  then  First  Consul ;  and  the 
rulers  having  been  recently  changed,  professed  a  strong 
desire  to  be  on  terms  of  peace  and  friendship  with  the 
United  States.  Joseph  Buonaparte,  a  brother  of  the  First 
Consul,  was  one  of  the  commissioners.  A  treaty  was  pre- 
pared, and  signed  the  first  of  October ;  and  afterwards  re- 
ceived formal  ratification  by  the  French  government,  and  a 
conditional  agreement  by  the  President  and  Senate  of  the 


1800]  ADAMS.  113 

United  States.*  It  related  chiefly  to  the  compensation  to 
be  made  by  the  French  government  for  depredations  on  the 
American  commerce ;  but  not  to  the  extent,  nor  embracing 
the  whole  period  of  such  depredations,  as  urged  and  claimed 
by  the  federal  government.  These  claims  it  was  stipulated 
should  be  considered  at  a  subsequent  time  ;  but  the  treaty 
of  alliance  of  1778,  and  the  convention  of  a  later  period, 
November,  1788,  were  to  have  no  effect  thereafter;  and  the 
future  relations  and  intercourse  of  the  two  nations  were 
particularly  defined  and  regulated.  It  was  a  great  objec- 
tion to  the  treaty,  that  it  did  not  definitely  and  expressly 
stipulate  indemnification  for  recent  depredations  by  French 
vessels  on  the  commerce  of  the  United  States,  which  were 
very  extensive,  and  very  severely  felt;  and  on  this  account 
was  not  fully  confirmed  by  the  Senate.  Such  provision 
had  been  made  in  the  treaty  with  Great  Britain  in  1794; 
and  yet  that  treaty  was  condemned  as  humiliating  and 
dishonorable,  by  the  French  party,  at  that  time.  The  claims 
of  the  United  States  on  France  were  not,  indeed,  abandoned ; 
and  the  friends  of  the  administration  refrained  from  all  de- 
nunciations and  clamors  against  the  treaty,  in  the  confident 
belief  that  the  President  and  Senate  would  not  give  it  their 
sanction,  should  it  be  found  derogatory  to  national  rightsr 
or  injurious  to  the  interests  of  the  mercantile  community. 

So  desirous  was  Mr.  Adams  of  avoiding  a  war  with 
France,  and  of  maintaining  pacific  relations  between  the 
United  States  and  that  nation,- that  his  efforts  for  those  ob- 
jects were  censured  by  some  of  his  fellow-citizens  ;  and  he 
was  represented  as  not  sufficiently  firm  and  decided  in  sup- 
porting the  honor  of  the  American  government.  The 
charge  was  alike  unjust  and  impolitic.  Mr.  Adams  was 
well  aware  of  the  instability  of  the  French  government,  at 
that  period,  and  of  the  improper  conduct  of  the  rulers  of 
that  nation  in  1798,  to  commit  himself  by  any  unreasonable 
confidence  in  their  promises ;  and  much  less  of  placing  the 
destinies  of  the  United  States  in  their  hands.  But,  like  a 
wise  statesman,  he  considered  the  feelings  of  the  great  body 

*  The  President  was  disposed  to  ratify  the  treaty  as  it  was  originally  ap- 
proved by  the  Envoys,  in  whom  he  had  great  confidence,  and  being  apprehen- 
sive of  the  result  of  a  conditional  acceptance.  But  the  majority  of  the  Senate 
were  opposed  to  two  articles,  and  suspended  them  for  further  negotiation. 
When  the  conditional  ratification  was  sent  to  France  by  Mr.  Jefferson,  soon 
after,  who  succeeded  Mr.  Adams  on  the  fourth  of  March,  1801,  he  appointed 
Mr.  Vans  Murray,  and  Mr.  John  Dawson  of  Virginia,  to  negotiate  on  the  sub- 
ject of  those  two  articles.  The  treaty  was  submitted  to  the  Senate  in  Decem- 
ber, 1800,  soon  after  it  was  received  by  the  President,  but  the  Senate  did  not 
give  a  final  decision  till  near  the  close  of  the  session  in  March. 

15 


114  FEDERAL  GOVERNMENT.  [1800 

of  the  people  towards  France,  and  would  leave  no  reason- 
able efforts  untried  for  peace  and  reconciliation.  The 
people  generally  approved  of  his  policy.  And  it  was  his 
peculiar  honor  to  receive  the  entire  approbation  and  confi- 
dence of  General  Washington  at  that  critical  period. 

The  second  session  of  the  sixth  Congress  was  held  at 
Washington  city,  in  November,  1800,  and  the  last  address  of 
President  Adams  to  the  national  legislature,  at  the  opening 
of  that  session,  contained  the  following  impressive  remarks  : 

"I  congratulate  the  people  of  the  United  States  on  the 
assembling  of  Congress  at  the  permanent  seat  of  their  gov- 
ernment ;  and  I  congratulate  you,  gentlemen,  on  the  pros- 
pect of  a  residence  not  to  be  changed.  It  would  be  unbe- 
coming the  representatives  of  the  nation  to  assemble  for  the 
first  time  in  this  solemn  temple,  without  looking  up  to  the 
Supreme  Ruler  of  the  universe,  and  imploring  his  blessing. 
May  this  territory  be  the  residence  of  virtue  and  happiness. 
And  in  this  city,  may  that  piety  and  virtue,  that  wisdom 
and  magnanimity,  that  constancy  and  self-government, 
which  adorned  the  great  character,  whose  name  it  bears, 
be  forever  held  in  veneration.  Here,  and  throughout  our 
country,  may  simple  manners,  pure  morals,  and  true  re- 
ligion flourish  forever. 

"  You  will  see  this  the  capital  of  a  great  nation,  which  is 
advancing  with  unexampled  rapidity,  in  arts,  in  commerce, 
in  wealth,  and  in  population  ;  and  possessing  within  itself 
those  energies,  and  resources,  which,  if  not  thrown  away, 
or  lamentably  misdirected,  will  secure  to  it  a  long  course  of 
prosperity  and  self-government. 

"While  our  best  endeavors  for  the  preservation  of  har- 
mony with  all  nations  will  continue  to  be  used,  the  expe- 
rience of  the  world,  and  our  own  experience  also,  admonish 
us  of  the  insecurity  of  trusting  too  confidently  to  their  suc- 
cess. We  cannot,  without  committing  a  dangerous  impru- 
dence, abandon  those  measures  of  self-protection,  which  are 
adapted  to  our  situation,  and  to  which,  notwithstanding 
our  pacific  policy,  the  violence  and  injustice  of  others  may 
compel  us  to  resort.  While  our  vast  extent  of  seacoast, 
the  commercial  and  agricultural  habits  of  our  people,  the 
great  capital  they  will  continue  to  trust  on  the  ocean,  sug- 
gest the  system  of  defence,  which  will  be  most  beneficial  to 
ourselves,  our  distance  from  Europe  and  our  resources  for 
maritime  strength,  will  enable  us  to  employ  it  with  effect. 
Seasonable  and  systematic  arrangements,  so  far  as  our  re- 
sources will  justify,  for  a  navy  adapted  to  defensive  war, 
and  which,  in  case  of  necessity,  may  quickly  be  brought 


1800]  ADAMS.  115 

into  use,  seem  to  be  as  much  recommended  by  a  wise  and 
true  economy,  as  by  a  just  regard  for  our  future  tranquility, 
for  the  safety  of  our  shores,  and  for  the  protection  of  our 
property  committed  to  the  ocean. 

"  The  present  navy  of  the  United  States,  called  suddenly 
into  existence  by  a  great  national  exigency,  has  raised  us  in 
our  own  esteem  ;  and  by  the  protection  afforded  to  our  com- 
merce, has  effected  to  the  full  extent  of  our  expectations, 
the  object  for  which  it  was  created.* 

"In  connection  with  a  navy,  ought  to  be  contemplated 
the  fortification  of  some  of  our  principal  seaports  and  har- 
bors. A  variety  of  considerations,  which  will  readily  sug- 
gest themselves,  urge  an  attention  to  this  measure  of  pre- 
caution. To  give  security  to  our  principal  ports,  consid- 
erable sums  have  already  been  expended,  but  the  works  re- 
main incomplete. 

"  I  observe,  with  much  satisfaction,  that  the  product  of 
the  revenue,  during  the  present  year,  has  been  more  con- 
siderable than  during  any  former  equal  period. f  The  re- 
sult affords  conclusive  evidence  of  the  great  resources  of  the 
country,  and  of  the  wisdom  and  efficiency  of  the  measures, 
which  have  been  adopted  by  Congress  for  the  protection  of 
commerce  and  the  preservation  of  public  credit. 

"  As  one  of  the  grand  community  of  nations,  our  atten- 
tion is  irresistibly  drawn  "to  the  important  scenes  which 
surround  us.  If  they  have  exhibited  an  uncommon  portion 
of  calamity,  it  is  the  province  of  humanity  to  deplore,  and 
of  wisdom  to  avoid  the  causes  which  may  have  produced 
them.  If  turning  our  eyes  homeward  we  find  reason  to  re- 
joice at  the  prospect  which  presents  itself;  if  we  perceive 
the  interior  of  our  country  prosperous,  free,  and  happy ;  if 
we  enjoy  in  safety,  under  the  protection  of  law,  emanating 
from  the  general  will,  the  fruits  of  our  own  labor,  we  ought 
to  fortify  and  cling  to  those  institutions,  which  have  been 

*  At  this  period,  the  naval  establishment  consisted  of  5  large  frigates,  of  44 
guns  each — 4  frigates  of  36  guns — 2  frigates  of  32  guns — 4  ships,  carrying  24 
guns  on  main  deck,  and  8  on  quarter  deck — 8  sloops  of  war,  of  20,  or  22  guns 
— 3  do.  of  18  guns — 2  of  16  guns — 5  of  12  or  14  guns — 33  in  all — besides  17 
gallies. 

t  By  the  exhibit  of  the  Secretary  of  the  Treasury,  at  close  of  year  1800, 
there  was  the  sum  of  3,000,000  dollars  in  treasury  ;  though  part  was  of  unex- 
pended appropriations.  The  expenses  for  1801 ,  were  estimated  at  five  and  half 
million  dollars— 2,340,000  of  it  for  navy  department.  For  civil  list  $600,000. — 
But  for  the  navy,  and  the  arming  of  merchantmen,  (opposed  by  those  not  in 
favor  of  Adams's  administration,)  the  revenue  would  not  probably  have  been 
half  the  amount;  yet  his  measures  were  represented  as  highly  injurious  by  his 
political  opponents. 


116  FEDERAL  GOVERNMENT.  [1800 

the  source  of  so  much  real  felicity,  and  resist,  with  unabating 
perseverance,  the  progress  of  those  dangerous  innovations, 
which  may  impair  their  salutary  influence." 

The  President  gave  Congress  information,  at  this  time, 
that  a  treaty  had  been  made  with  the  King  of  Prussia, 
solely  and  chiefly  for  commercial  objects  ;  and  that  the  pro- 
visional army  had  been  disbanded,  or  reduced,  as  author- 
ized by  the  national  legislature,  at  their  preceding  session. 
The  most  important  acts  of  Congress  at  this  meeting,  held 
from  November  to  the  third  of  March,  were  the  following — 
An  additional  law  relating  to  the  federal  Judiciary,  by  which 
district  circuit  courts  were  established  to  be  hoi  den  by  Jus- 
tices different  from  the  Justices  of  the  Supreme  Court,  and  the 
Judge  of  a  District  Court ;  the  circuits  or  districts  to  be  six  in 
number ;  each  to  consist  of  several  adjoining  States,  to  con- 
sist of  three  Justices  in  each  circuit  or  district ;  and  to  have 
appellate  jurisdiction  in  appeals  from  the  District  Courts, 
instead  of  appeals,  as  by  the  former  law  on  the  Judiciary, 
to  a  tribunal  composed  of  a  Justice  of  the  Supreme  Court 
and  the  District  Judge ;  which  was  considered  not  so  favor- 
able to  an  independent  decision,  owing  to  the  organization 
of  that  Court.  The  circuit  courts  established  by  the  law 
were  invested  with  all  the  powers  before  granted  to  the 
former  circuit  courts,  composed  as  above  stated.  An  act 
for  a  naval  peace  establishment,  by  which  the  President 
was  empowered,  when  he  should  think  it  safe  and  proper, 
to  sell  the  ships  of  the  United  States,  except  thirteen  of  the 
largest  frigates  ;  that  six  of  these  be  hauled  up  and  dis- 
mantled; and  the  others  retained  in  service,  properly 
officered  and  manned,  as  he  might  direct.  An  act  for  con- 
tinuing the  mint  establishment  in  Philadelphia;  and  for 
directing  the  mode  of  estimating  foreign  coins ;  for  extend- 
ing routes  for  conveying  the  public  mails  ;  and  for  erecting 
several  new  lighthouses  on  the  seacoasts. 

The  subject  of  erecting  a  mausoleum  or  monument  to  the 
memory  of  Washington,  was  frequently  discussed  in  Con- 
gress during  this  session.  A  mausoleum  was  first  pro- 
posed, but  the  expense  was  an  objection  with  many ;  it  was, 
however,  voted  by  the  House  of  Representatives,  to  erect  a 
mausoleum,  and  one  hundred  thousand  dollars  appropriated 
for  the  purpose ;  but  the  Senate  rejected  the  plan,  and  de- 
cided in  favor  of  a  monument,  as  it  would  be  less  expen- 
sive, and  voted  only  fifty  thousand  dollars  to  complete  it. 

Near  the  close  of  the  year,  1800,  Mr.  Wolcott  resigned 
the  office  of  Secretary  of  the  United  States  treasury,  and 
left  the  national  finances  in  a  prosperous  condition.     He 


1800]  ADAMS-  117 

requested  an  examination  of  his  official  conduct,  while  Sec- 
retary ;  which  was  accordingly  made  by  a  committee  of  the 
Representatives,  and  found  to  have  been  entirely  correct 
and  faithful.  Samuel  Dexter,  of  Massachusetts,  was  ap- 
pointed to  that  responsible  office,  which  he  held  about  a 
year,  when  he  voluntarily  retired  from  its  onerous  duties. 
In  1800,  John  Marshall,  of  Virginia,  was  appointed  Secretary 
of  State,  by  Mr.  Adams;  and  in  February,  1801,  the  office 
of  Chief  Justice  of  the  United  States  being  vacant,  he  was 
selected  for  that  high  and  important  station.  The  feeble 
health  of  Mr.  Ellsworth  had  induced  him  to  resign  some 
months  before ;  when  John  Jay,  who  was  the  first  Chief 
Justice  of  the  Supreme  Court  of  the  United  States,  was 
again  appointed,  but  declined  the  office.  The  selection  of 
Mr.  Marshall  was  very  judicious  and  fortunate ;  for  the 
purity  and  stability  of  that  department  of  the  federal  gov- 
ernment was  considered  as  the  chief  support  for  the  main- 
tenance of  justice,  and  a  due  interpretation  and  adminis- 
tration of  the  laws  of  the  Union. 

The  presidential  election  occupied  the  public  mind,  du- 
ring the  whole  year  1800.  It  was  a  subject  of  deep  in- 
terest to  all,  and  with  many  the  occasion  of  great  excite- 
ment. The  candidates  for  that  high  office  were  President 
Adams,  and  Mr.  Jefferson,  then  Vice  President.  Mr. 
Adams  received  the  support  of  those  who  had  approved  of 
his  leading  measures  for  the  four  preceding  years ;  and 
very  generally  of  those  who  were  the  political  friends  of 
Washington's  administration.  For  though  he  adopted  the 
pacific  but  magnanimous  policy  of  that  illustrious  man, 
and  received  his  approbation,  while  he  lived,  the  conduct 
of  Mr.  Adams  in  instituting  a  new  embassy  to  France  in 
1799,  was  severely  and  bitterly  censured  by  a  few  individ- 
uals of  high  standing  in  the  federal  party.  They  were  re- 
spectable for  their  talents  and  patriotism;  but  they  were 
too  assuming,  and  aimed  to  exercise  more  influence  than  a 
few  men  ought  to  do,  in  a  republican  government.  The 
majority  of  the  citizens  approved  of  the  conduct  of  Pres- 
ident Adams,  on  this  difficult  occasion  ;  and  probably,  his 
rejection  of  the  overture  of  the  French  rulers  would  have 
produced  a  fatal  division  in  the  United  States  ;  and  thrown 
the  government  into  the  hands  of  men  entirely  devoted  to 
the  views  of  revolutionary  France.  It  is  true,  that  not- 
withstanding this  conciliating  measure  of  the  President,  the 
federal  administration  was  changed ;  but  his  conduct,  ap- 
proved as  it  was  by  a  great  portion  of  the  people,  served  as 
a  check  on  the  policy  of  his  successor,  in  restraining  him 


118  FEDERAL  GOVERNMENT.  [1801 

from  the  adoption  of  measures  still  more  subservient  to  the 
will  of  the  French  government,  than  any  which  he  publicly- 
pursued.  Whatever  were  the  secret  views  of  Mr.  Jefferson, 
he  was  too  wise  not  to  regard  the  wishes  and  opinions  of 
the  majority  of  his  fellow  citizens ;  and  whatever  were  his 
partialities  for  the  French  nation,  would  not  designedly 
compromit  the  interests  and  honor  of  the  United  States. 
The  election  of  Mr.  Jefferson*  was  proof  of  a  great  change 
of  sentiment  in  the  people,  within  two  years.  At  the  close 
of  1798,  or  beginning  of  1799,  Mr.  Adams  would  have  had 
a  large  majority  of  the  suffrages  of  the  electors.  But  such 
is  the  instability  and  uncertainty  of  public  opinion,  es- 
pecially when  gross  misrepresentations  are  made,  and  the 
prejudices  and  passions  of  the  people  are  addressed,  rather 
than  their  understanding. 

By  the  prudent  and  pacific,  yet  firm  and  decided  meas- 
ures of  the  federal  government,  for  twelve  years,  the  char- 
acter of  the  United  States  had  become  highly  respectable 
among  the  greatest  statesmen  of  Europe.  Its  policy  ex- 
hibited a  happy  union  of  energy  and  magnanimity  ;  and  it 
was  respected  alike  for  its  wisdom  and  power.  The  nation 
was  placed  in  a  commanding  attitude  of  defence,  while  liber- 
ty and  peace  and  improvement  were  every  where  witnessed 
within  its  jurisdiction.  Public  credit  had  been  fully  estab- 
lished ;  and  able  and  faithful  men  had  been  selected  for  the 
public  agents;  men,  whose  patriotism  had  been  proved  by 
eight  years  service  devoted  to  their  country's  welfare. 

*  Mr.  Jefferson  and  Aaron  Burr  had  an  equal  number  of  votes  for  President 
and  Vice  President  ;  and  the  election  of  President  devolved  on  the  Repre- 
sentatives, as  provided  by  the  Constitution,  in  such  case.  More  than  thirty 
trials  were  had  before  a  choice  was  made.  The  friends  of  the  late  adminis- 
tration generally  supported  Mr.  Burr,  believing  him  to  be  more  in  favor  of  the 
policy  before  pursued,  especially  on  the  subject  of  commerce. 


1801]  JEFFERSON.  119 


CHAPTER  VI. 

Mr.  Jefferson  elected  President.  His  Professions  and  Opinions.  Treaty  with 
France  Confirmed.  Removals  from  Office  for  Political  Sentiments.  Naval 
Force.  President  unfriendly  to  it.  Laws  of  1801 — 1802.  Repeal  of 
Laws  establishing  Circuit  Courts,  and  laying  Excise  and  Internal  Taxes.  State 
of  Public  Finances.  Purchase  of  Louisiana.  Objections  to  the  Measure. 
Disputes  with  England  and  Spain.     Danger  of  Spanish  War. 

Under  President  Jefferson,  the  heads  of  the  great  depart- 
ments of  the  government  were  changed,  nor  was  there  any  just 
reason  to  complain  of  this  measure ;  as  they  formed  a  part 
of  his  political  council ;  and,  as  the  chief  executive  officer 
of  government,  he  had  a  perfect  right  to  select  his  confi- 
dential friends  and  advisers.  But,  when  afterwards,  and 
within  a  few  months,  he  removed  able  and  upright  men 
from  offices  of  a  subordinate  grade,  his  conduct  was  con- 
sidered improper  and  arbitrary,  and  as  partaking  somewhat 
of  the  right  of  prerogative,  usually  claimed  and  exercised 
by  royal  princes.  The  new  administration  professed 
to  be  governed  by  more  democratic  principles  than  the  for- 
mer ;  but  it  was  denied,  that  its  measures  were  more  in  ac- 
cordance with  the  Constitution,  or  more  strictly  republican. 
A  large  portion  of  the  people  were  pleased,  because  they 
were  flattered ;  but  no  evidence  appeared  that  they  were 
benefitted  by  a  change  of  rulers.  Mr.  Jefferson  was  not 
considered  to  have  cordially  approved  of  the  federal  Con- 
stitution ;  and  in  some  of  his  private  letters  he  had  ex- 
pressed the  opinion,  that  the  government  it  provided  ap- 
proached too  nearly  to  monarchy  to  receive  his  assent. 
When  he  took  an  oath  to  support  the  Constitution,  no  doubt 
he  was  sincere  ;  with  the  qualification,  however,  in  all  such 
cases  understood,  of  giving  it  a  construction  for  himself. 
And  he  never  appeared  averse  from  the  exercise  of  power 
vested  in  the  chief  executive  officer  of  the  government. 
In  some  instances,  his  opponents  believed  he  exceeded  his 
legitimate  authority ;  as  in  the  case  of  withholding  com- 
missions from  persons  appointed  by  his  predecessor,  after 
being  approved  by  the  Senate,  but  which  had  not  been 
issued  from  the  State  department  at  the  time  of  his  inau- 
guration ;  and  still  more,  in  the  purchase  of  a  large  terri- 


120  FEDERAL  GOVERNMENT.  [1801 

tory,  not  within  the  limits  of  the  United  States,  without 
direct  authority  from  the  national  legislature.  In  his  inau- 
gural address,  Mr.  Jefferson  said,  "  We  have  gained  little, 
if  we  encourage  a  political  intolerance  as  wicked  as  im- 
politic. We  are  all  brethren  of  the  same  principles ;  we  are 
all  republicans,  and  all  federalists."  Yet  in  less  than  fifty 
days,  he  removed  fourteen  federal  officers,  without  any  al- 
legation of  unfaithfulness  or  inefficiency :  on  the  plea 
indeed,  that  his  predecessor  had  removed  two  public  offi- 
cers, on  account  of  their  political  opinions ;  and  had  ap- 
pointed none  to  office  in  the  government  but  such  as  were 
of  the  same  sentiments  and  views  as  the  administration. 
"  Few  died,  and  none  resigned,"  he  said  ;  and  therefore,  to 
equalize  public  offices  between  the  two  great  political  parties, 
it  was  necessary,  in  his  opinion,  to  remove  a  part  of  those 
then  employed,  and  to  appoint  others  more  friendly  to  the 
new  administration. 

For  a  very  few  of  the  removals,  there  might  have  been 
sufficient  or  justifiable  reasons  offered ;  but  in  most  in- 
stances, the  changes  were  made  merely  for  political  opin- 
ions, and  these  not  at  all  affecting  the  real  republican 
character  of  individuals.  In  some  cases,  the  officers  of  the 
revolution  were  superseded  by  sons  of  Tory  refugees.  The 
chief  recommendation  to  a  candidate  was  his  making  court 
to  and  flattering  the  administration.  The  principle  was 
essentially  exclusive  and  intolerant ;  and  it  served  as  a 
dangerous  precedent  to  others,  who  might  be  in  power  at  a 
future  time,  or  over  smaller  portions  of  the  Union.  It  was 
imitated,  and  probably  furnished  an  apology  for  the  gov- 
ernors of  several  States  afterwards,  in  removing  faithful 
public  agents,  of  undoubted  republican  sentiments,  and  re- 
warding their  zealous  supporters,  with  the  spoils  of  success- 
ful electioneering  warfare. 

The  treaty  made  with  the  French  government,  by  Mr. 
Ellsworth  and  his  associates,  in  1800,  and  conditionally 
confirmed  by  the  federal  administration  early  in  1801,  was 
sent  to  Paris  soon  after,  by  President  Jefferson.  There 
was  some  delay  and  hesitation  on  the  part  of  the  French 
rulers,  in  accepting  the  conditions  and  modifications  pro- 
posed by  the  Senate  of  the  United  States.  But  it  was  con- 
firmed in  the  course  of  the  year.  The  American  govern- 
ment was  released  from  the  obligations  of  the  treaty  of  al- 
liance with  France  of  1778,  by  which  it  had  guaranteed 
the  French  possessions  in  the  West  Indies  :  and  the  non- 
fulfilment  of  which  had  been  the  only  just  cause  of  com- 
plaint against  the  federal  government  j  but  indemnification 


1801]  JEFFERSON.  121 

was  not  made  for  the  extensive  depredations  on  American 
commerce  by  the  French  vessels,  any  farther  than  by  the 
way  of  a  compromise,  for  giving  up  alleged  claims  arising 
from  the  guarantee  made  in  the  treaty  of  1778. 

Robert  R.  Livingston,  of  New  York,  who  had  been  chan- 
cellor of  that  State,  was  appointed  Envoy  to  Prance,  in 
1801,  with  full  powers  to  negotiate  on  all  subjects  in  dispute 
between  that  nation  and  the  United  States.  He  remained 
some  time  near  the  French  government :  and  was  the  min- 
ister who  stipulated  for  the  purchase  of  Louisiana,  in  1802-3; 
an  event  of  great  importance  to  the  United  States,  though 
at  the  time  of  doubtful  validity  arising  from  Constitutional 
principles. 

During  the  years  1800  and  1801,  there  was  a  misunder- 
standing between  the  commissioners  of  England  and  the 
United  States,  appointed  to  adjust  the  claims  of  citizens  of 
the  latter,  under  the  treaty  of  1794  ;  and  all  proceedings  re- 
lating to  the  subject  were  suspended  for  some  time.  But 
after  due  explanations,  the  business  was  again  commenced, 
through  the  prudent  and  able  influence  of  Mr,  King ;  then 
the  American  minister  at  the  Court  of  London,  and  soon 
terminated  to  the  satisfaction  of  the  federal  government, 
and  of  the  merchants,  who  were  particularly  interested  in 
the  fulfilment  of  the  terms  of  the  treaty.  The  amount  they 
awarded  and  received  of  the  British  government  for  spoli- 
ations on  the  commerce  of  the  United  States,  in  1793  and 
1794,  was  very  great ;  and  must  have  convinced  every  im- 
partial and  reasonable  man,  that  the  negotiation  instituted 
by  the  federal  administration  in  1794,  under  Washington, 
was  far  more  wise  and  beneficial  than  war ;  or  non-inter- 
course, for  which  some  strongly  contended  at  that  period. 

The  President  was  accused  not  only  of  undue  partiality 
in  his  appointments  to  office,  but  of  arbitrary  conduct  in  in- 
terfering with  the  due  process  of  law.  In  the  case  of  an 
individual,  Duane,  the  publisher  of  a  paper  in  Philadelphia, 
who  was  prosecuted  for  a  libel  on  the  Senate  of  the  United 
States,  which  had  been  brought  in  the  federal  Court,  under 
a  law  of  Congress  called  the  sedition  law,  the  President 
ordered  the  attorney  for  government  to  discontinue  the 
action  ;  and  it  was  accordingly  dismissed.  This  act  of  the 
executive  was  deemed  to  be  an  improper  interference  with 
the  province  of  the  judiciary ;  though  the  prosecution  was 
technically  in  the  name  of  the  President  of  the  United 
States,  it  would  have  been  more  in  the  spirit  of  the  Con- 
stitution, had  it  been  in  the  name  of  the  United  States. 

In  his  message  to  Congress,  at  the  beginning  of  the  ses- 
16 


122  FEDERAL  GOVERNMENT.  [1801 

sion,  in  December,  1801,  the  President  observed,  "  That  it 
was  matter  of  congratulation,  that  the  nations  of  Europe, 
with  which  we  were  most  connected,  were  disposed  to 
peace,  and  that  commerce  was,  in  a  great  measure,  relieved 
from  former  embarrassments  and  interruptions;  that  we 
were  bound,  with  peculiar  gratitude,  to  be  thankful  that  our 
peace  had  been  preserved  through  a  perilous  season."  And 
he  spoke  of  the  United  States  as  the  "  unoffending  friends  of 
France."  "  The  Indian  tribes  on  our  borders,"  he  said, 
"  manifested  a  pacific  and  friendly  spirit,  and  it  would  be 
the  aim  of  government  to  preserve  their  good  will,  and  to 
seek  their  welfare,  by  efforts  to  introduce  among  them  the 
arts  of  civilized  life,  and  the  pursuits  of  agriculture."  He 
referred  to  the  unreasonable  demands  of  Tripoli,  one  of  the 
Barbary  States,  and  his  direction  of  a  naval  force  to  the 
Mediterranean,  to  prevent  that  power  from  depredating  on 
the  American  commerce.  He  suggested,  that  the  increase 
of  revenue  from  imposts,  as  the  population  extended,  would 
probably  be  such,  as  to  render  it  safe  to  dispense  with  in- 
ternal taxes  and  excises ;  that,  if  our  peace  was  not  inter- 
rupted, the  receipts  of  the  former  description  would  be  suf- 
ficient to  meet  the  ordinary  expenses  of  government,  and  to 
pay  the  interest  and  the  instalments,  authorized  by  law, 
on  the  public  debt.  And  that  should  war  occur,  it  might 
be  necessary  to  resort  again  to  internal  taxation.  He  sup- 
posed that  a  small  naval  force  only  would  be  necessary  in 
future;  and  that  the  building  of  any  more  ships  of  war 
might  safely  be  postponed. 

The  President  referred  in  this  speech  to  the  judicial  de- 
partment of  the  government ;  particularly  to  the  law  passed 
at  the  previous  session,  for  establishing  circuit  courts,  and 
the  appointment  of  so  many  justices  to  hold  them.  He 
clearly  intimated  the  opinion  that  the  circuit  Judges  were 
unnecessary,  and  that  the  district  and  circuit  courts,  as 
before  established,  were  sufficient  for  the  business  of  the 
country. 

An  opinion  generally  prevailed,  at  this  time  and  after- 
wards, that  Mr.  Jefferson  was  not  in  favor  of  the  indepen- 
dence of  the  Judiciary  department ;  but  that  the  Judges 
should  be  more  under  the  control  of  the  legislative  branch 
of  the  government ;  and  in  some  cases  even  of  the  execu- 
tive department.  His  orders  sometimes  clashed  with  the 
decisions  of  the  federal  Courts,  and  he  was  inclined  to  in- 
terfere with,  if  not  to  disregard,  their  judgment.  He  was 
in  favor  of  appointments  and  removals  of  the  Judges,  as 
well  as  of  other  public  officers  and  agents.     For,  he   con- 


1801]  JEFFERSON.  123 

tended,  they  should  be  of  the  same  political  views  with 
the  majority  ;  and  when,  therefore,  there  was  a  change  of 
administration,  and  of  the  popular  branch  of  the  legislature, 
that  the  Court  should  be  composed  of  men  of  similar  opin- 
ions. This  was  truly  alarming  to  the  friends  of  a  stable 
republican  government,  who  had  always  contended  for  the 
independence  of  the  Judiciary,  as  well  of  the  Legislative  as 
of  the  Executive  department.  For,  with  such  a  tenure  of 
office,  as  was  proposed  by  Mr.  Jefferson  and  his  political 
friends,  the  judges  would  cease  to  be  entirely  impartial, 
and  superior  to  all  political  biasses,  in  their  decisions  ;  and 
would  probably  be  in  some  measure  under  the  influence  of 
the  predominant  party  in  the  government. 

The  law  establishing  the  Circuit  Courts  of  the  United 
States,  to  be  holden  by  Justices  not  of  the  Supreme  and 
District  Courts,  was  repealed  soon  after  Mr.  Jefferson  came 
into  office.  The  Circuit  Courts  might  be  dispensed  with, 
without  much  inconvenience  to  the  public,  at  the  time,  as 
the  business  of  the  federal  Courts  was  then  comparatively 
small.  Still,  an  act  repealing  any  part  of  the  Judiciary 
system  was  considered  ominous  to  the  real  independence 
of  the  Judicial  department.  But  as  the  Supreme  Court  of 
the  United  States  was  not  attacked,  and  only  its  decisions 
in  some  cases  connected  with  the  Executive  department 
opposed  or  disapproved,  the  friends  of  the  judiciary  rejoiced 
that  no  farther  innovations  were  made  in  that  branch  of  the 
federal  government. 

The  law  on  the  subject  of  naturalization  he  recommended 
should  be  modified,  so  that  foreigners,  coming  with  a  bona 
fide  intention  to  settle  in  the  United  States,  should  be  ad- 
mitted to  the  rights  and  privileges  of  citizens,  in  less  time 
than  the  existing  law  required ;  while  he  acknowledged, 
that  the  Constitution  had  wisely  provided  a  long  time  to 
render  them  eligible  to  public  office  in  the  government. 

This  was  a  new  Congress,  and  the  majority  were  of  the 
same  political  views  as  the  President.*  The  most  import- 
ant laws  which  were  passed  at  the  first  session  of  Congress 
holden  after  Mr.  Jefferson  was  chosen  President,  besides 
the  act  for  repealing  the  law  of  the  previous  session,  organ- 

*  The  report  made  at  this  session  by  the  commissioners  of  the  sinking  fund, 
appointed  several  years  before,  stated  that  14,738,367  dollars  of  stock  had  been 
redeemed,  that  there  was  in  the  hands  of  the  Treasurer,  449,069  dollars,  sub- 
ject to  the  disposal  of  the  Commissioners  ;  which,  with  the  growing  resources 
of  that  fund,  would  be  sufficient  to  meet  the  7th  instalment  of  the  6  per  cent, 
stock,  the  1st  instalment  of  the  deferred  stock,  and  the  10th  of  a  loan  then  soon 
becoming  due. 


124  FEDERAL  GOVERNMENT.  [1801 

izing  the  Circuit  Courts,  were  for  the  apportionment  of  fed- 
eral Representatives  in  the  several  States,  according  to  the 
second  census,   then   recently  taken,  which  fixed  the  ratio 
at  one  Representative  for  33,000  inhabitants  :    the  whole 
number  of  inhabitants  being  then  over  five  millions, — for 
protecting  the  commerce  and  seamen  of  the  United  States 
against  the  Tripolitan  cruisers,  which  had  then  very  fre- 
quently captured  American  vessels — for  fixing  the  military 
peace  establishment ;  which  provided  for  the  continuance 
only  of  one  regiment  of  artillerists,  two  regiments  of  in- 
fantry, and  a  corps  of  engineers,  to  be  stationed  at  West 
Point,  on  Hudson  river,  in  the  State  of  New  York,  and  to 
constitute  a  military  academy — for  regulating  trade  and 
intercourse  with  the  Indian  tribes,  and  for  the  preservation 
of  peace  on  the  western  frontiers ;  in  which  provision  was 
made  for  ascertaining  the  boundary  line,  before  established 
by  treaty,  between  the  United  States  and  the  various  Indian 
nations  in  the  west  and  northwest  :    the    provisions    for 
maintaining  a  friendly  intercourse  with  the  natives  were 
similar  to  those  contained  in  former  laws  on  the  subject : — 
for  discontinuing  the  several  acts  laying  internal  taxes  on 
stills,   distilled  spirits,   refined  sugars,  carriages,  stamped 
paper,  and  licenses  to  retailers,  and  for  sales  at  auction — 
for  establishing  a  uniform  system  of  naturalization,  and  re- 
pealing former  laws  on   that   subject — for   redeeming  the 
public  debt ;  by  which  it  was  provided  to  appropriate  an- 
nually seven  millions  and  three  hundred  thousand  dollars, 
to  the  sinking  fund — for  authorizing  the  people  of  the  eastern 
division  of  the  territory  northwest  of  the  Ohio  river,  (Indi- 
ana,) to  form  a  Constitution  and  State  government,  and  for 
admitting  them  into  the  federal  Union — and  for  establishing 
new  routes  for  conveying  the  mail  and  the  security  thereof 
The  most  warmly  contested  of  these  laws  was  that  for 
repealing  the  act  of  the  preceding  session  of  Congress,  es- 
tablishing district  circuit  courts.     That  law  was  strongly 
opposed  on  its  passage   twelve   months  before;  and  was 
passed  by  only  a  small  majority.     But  those  who  were  in 
favor  of  the  law  considered  it  important,  in  rendering  the 
Judiciary  as  perfect  as  possible ;  and  they  therefore  opposed 
its  repeal.     They  also  were  apprehensive,  that  if  one  part 
or  branch  of  the  Judiciary  should  be  annulled ;  it  would 
serve  as  a  precedent  for  setting  aside  the  whole ;  or  of  so 
altering  it,  as  to  affect  its  independence.     They  looked  upon 
the  Judiciary  as  more  sacred  than  any  other  department  of 
the  government ;  and  were  averse  to  all  innovations  touch- 
ing its  authority  or  jurisdiction.     Very  able  speeches  were 


1801]  JEFFERSON.  125 

made  by  several  members,  who  had  been  active  in  its 
adoption,  against  the  repeal ;  that  of  Mr.  Bayard,  of  Dela- 
ware, was  the  most  celebrated. 

The  act  for  repealing  a  former  law  laying  an  excise  on 
distilled  spirits  within  the  United  States,  on  pleasure  car- 
riages, and  on  refined  sugars,  was  opposed  on   the  ground 
of  the  articles  being  luxuries,  and  therefore,  more  proper  to 
be  taxed,  than  articles  in  constant  use  by  the  lower  classes 
of  people,  such  as  bohea  tea,  brown  sugar,  molasses,  and  salt. 
The  latter  were  continued  without  any  reduction,  and  were 
paid   chiefly  by   the  laboring  classes   of  the  people.     An 
effort  was  made  for  discontinuing  the  mint  establishment, 
but  it  did  not  succeed ;  the  majority  in  Congress  being  in 
favor  of  further  trial  of  the  benefits  of  the  system.     The 
objection  made  against  the  establishment,  was  the  great  ex- 
pense attending  it.    A  member  stated,  that  every  cent  coined 
at  the  mint,  cost  the  government  half  a  dollar.     But  this 
was  meant  probably  for  a  figure  of  speech,  though  the  ex- 
penses were,  indeed,  very  great ;  without  a  corresponding  ben- 
efit.    A  bill  was  passed  in  the  House  of  Representatives  for 
discontinuing  the  mint ;  but  the  Senate  did  not  concur  in  it. 
The  act  to  provide  for  the  redemption  of  the  public  debt 
could  scarcely  be  said  to  justify  the  title  ;  the  reduction  or 
redemption  was  only  nominal.     Some  former  loans  were 
proposed  to  be  paid,  indeed,  but  by  new  loans  entirely  ; 
and  the  reduction  was  only  in  theory  and  on  paper.     Nor 
could  it  be  otherwise,  as  the  interest,  added  to  the  usual 
expenses  for  the  support  of  government,  was  fully  equal  to 
the  receipts  into  the  treasury  for  the  year  1802,  according 
to  the  estimate  of  the  Treasury  department ;  and  the  inter- 
nal tax,  or  excise  law,  was  repealed.     In  1801,  two  millions 
and  a  quarter  of  the  national  debt  had  been  paid,  agreeable  to 
a  previous  law  of  Congress,  and  the  abundant  revenue  which 
accrued  from  the  former  taxes  and  imposts.     In  January, 
1802,  the  whole  public  debt  was  seventy-eight  millions  ; 
the  receipts  for  1801,  amounted  to  twelve  millions ;  and  the 
appropriations  for  civil  list  and  other  expenses,  for  1802, 
were  $13,250,000.* 

A  proposition  was  made  at  this  session  of  Congress  for 
abolishing  the  navy  department,  and  placing  the  naval  con- 
cerns under  the  direction  of  the  Secretary  of  War ;  but  it 
did  not  receive  the  approbation  of  the  majority.     Several 


*  The  report  of  the  Secretary  of  the  Treasury  stated  that  the  accounts  of  the 
former  Secretary  of  that  department,  and  also  of  the  State,  War,  and  Navy 
departments,  were  all  correct,  and  no  delinquencies, 


126  FEDERAL  GOVERNMENT.  [1802 

members  of  the  national  legislature  were,  at  that  time,  op- 
posed to  a  naval  force ;  some  on  account  of  the  expense, 
and  some  from  a  belief  that  the  United  States  could  not  ex- 
pect to  dispute  the  dominion  of  the  sea,  with  either  England 
or  France.  The  President,  also,  had  always  discovered  a 
great  reluctance  to  any  augmentation  of  that  branch  of  na- 
tional defence.  And  his  influence  was  very  great  with  the 
majority  of  the  federal  legislature  at  that  time. 

The  opposition  to  the  measures  of  the  present  Congress 
and  administration,  by  those  who  had  supported  the  policy 
of  the  past,  was,  in  some  instances,  as  great  as  that  which 
had  been  made  by  those  now  in  power  to  their  predeces- 
sors.    Both  as  to  theoretic  views   and  actual  measures, 
there   was   no   inconsiderable   difference.      There   was   a 
change  of  policy,  on  some  important  subjects  ;  and  some 
called  it  a  revolution.     It  might  well  be  said  to  be  a  new 
dynasty.     The  people  were  amused  with  strong  professions 
of  regard,   and  with  unwonted  assurances  of  a  desire  to 
-consult  their  wishes ;  and  yet  the  exercise  of  power  in  the 
executive  was  carried   to  an  equal  extent,  in  some  cases  to 
a  greater,  than  by  the  former  administration.     The  repeal 
of  the  excise,  however,  and  the  disbanding  of  the  provision- 
al army — though  the  latter  was  ordered   by  the  preceding 
Congress — operated  to  a  diminution  of  taxes,  which  all  had 
felt.*     It  appeared  to  be  the  policy  of  the  ruling  party  to 
attach  odium  to  their  opponents  for  several  measures  they 
had  adopted,  and  to  have  it  believed  they  were  more  anx- 
ious to  secure  the  liberty,  and  to  lessen  the  burthens  of  the 
people.     But  generally  the  course  pursued  by  former  ad- 
ministrations was  still  followed ;  having  received  the  test 
of  experience  in  favor  of  its  wisdom,  its  efficiency,  and  its 
adaptation  to  the  character  and  condition  of  the  people. 

In  the  message  of  the  President  to  the  national  legislature, 
in  December,  1802,  there  were  no  changes  in  the  general 
policy  of  the  administration  proposed,  and  no  new  system  of 

*  Soon  after  President  Adams  retired  from  public  office,  in  1801,  in  a  reply 
to  a  respectful  and  affectionate  address  from  the  citizens  of  his  native  town,  he 
said,  "  Some  measures,  during  my  administration,  were  the  effect  of  imperious 
necessity,  much  against  my  inclinations.  Others  were  the  measures  of  the 
legislature,  which  though  approved  when  passed,  were  not  previously  pro- 
posed by  me.  Some,  left  to  my  discretion,  were  never  executed,  as  no  neces- 
sity for  them,  in  my  opinion,  ever  occurred.  And  I  will  only  add,  that  we  were 
emancipated  from  two  burthensome  yokes,  the  old  French  treaty  of  alliance, 
and  the  consular  convention,  which  were  grievous  to  us,  and  would  have  been 
intolerable  to  our  children.  The  government,  in  future,  unshackled  with  posi- 
tive stipulations,  will  have  only  to  consider  its  foreign  powers  by  the  law  of  na- 
tions, and  to  estimate  her  interest  by  an  honest  and  impartial  policy." 


1802]  JEFFERSON.  12/ 

revenue  suggested;  but  a  recommendation  to  economy  in 
public  expenditures,  with  a  view  to  a  gradual  redemption 
of  the  national  debt ;  and  a  reference  to  the  general  pros- 
perity and  increase  of  the  nation.  Some  of  the  Barbary 
Powers  continued  to  make  depredations  on  the  American 
commerce,  and  several  vessels  had  been  captured  by  pirat- 
ical corsairs  from  Algiers  and  Tripoli.  A  naval  force, 
therefore,  designed  for  the  protection  of  the  vessels  of  the 
United  States,  had  been  employed  in  the  Mediterranean ; 
and  had  restrained,  in  a  great  measure,  the  injuries  which 
would  probably  otherwise  have  been  committed.  A  part 
of  the  navy  had  been  unemployed ;  and  it  was  recom- 
mended to  Congress,  rather  to  devise  a  plan  to  preserve  the 
timber  collected  for  constructing  additional  ships  of  war, 
than  to  expend  money,  at  that  time,  to  build  more.  It  ap- 
peared by  the  report  of  the  Secretary  of  the  Treasury,  that 
upwards  of  five  millions  of  the  national  debt  had  been  paid 
off  during  the  year,  and  that  the  amount  of  revenue  for 
the  same  time,  had  exceeded  that  of  any  former  year. 
Commercial  enterprise  had  revived  after  the  treaty  made 
with  France,  in  1801 ;  and  a  great  measure  of  prosperity 
had  resulted  from  the  trade  and  navigation  of  the  country. 

Some  severe  censures  were  at  this  time  published  against 
Mr.  Jefferson;  relating,  however,  rather  to  his  personal, 
than  his  official  conduct ;  in  the  favor  and  patronage  be- 
stowed on  individuals,  who  had  been  great  revilers  of  his 
predecessors ;  and  particularly  for  inviting  Thomas  Paine, 
of  notorious  memory,  and  then  of  little  esteem  in  America,  to- 
come  to  the  United  States,  in  a  public  ship,  and  to  reside  in  the 
country.  As  a  private  or  personal  act,  it  might  have  only 
shown  want  of  self-respect,  or  of  little  sensibility  to  the 
memory  of  Washington,  whom  Paine  had  grossly  abused  ;. 
but  as  the  invitation  was  given,  when  he  was  President,, 
and  a  national  vessel  prepared  to  convey  such  a  character 
to  America,  it  was  considered  highly  improper.* 

The  most  important  laws  which  were  passed  at  the  ses- 
sion of  Congress,   from  December,  1802,  to  March,  1803, 


*  The  political  writings  of  Paine,  at  the  commencement  of  the  American 
revolution,  had  some  influence  in  arousing  the  people  to  a  just  sense  of  their 
rights.  But  his  conduct  afterwards  received  the  censure  of  Congress  ;  and  he 
went  to  Europe.  He  became  a  sot,  an  open,  and  shameless  reviler  of  Chris- 
tianity, and  a  gross  outrageous  libeller  of  Washington  and  Adams.  It  was 
highly  indecorous  and  reprehensible  in  the  chief  magistrate  of  the  United 
States  to  invite  such  a  character  to  come  to  the  country  in  a  public  vessel,  to 
take  up  his  abode  here,  and  to  continue  his  useful  labors,  which  then  consist- 
ed chiefly  of  libellous,  vulgar,  and  blasphemous  publications. 


128  FEDERAL  GOVERNMENT.  [1802 

were  the  two  following:  prohibiting  the  importation  of  ne- 
groes, mulattoes,  or  other  persons  of  color,  (not  a  native 
citizen,  or  registered  seaman  of  the  United  States,  or  sea- 
men, natives  of  countries  beyond  the  cape  of  Good  Hope,) 
into  any  port  of  the  United  States,  within  a  State,  which 
did  not  allow  the  admission  of  any  such  negro,  mulatto, 
or  person  of  color  :  and  the  penalty  was  one  thousand 
dollars  fine.  The  vessel  in  which  such  negro,  or  mulatto, 
should  be  imported,  was  also  debarred  entry.  The  time 
had  not  arrived,  when  the  importation  of  slaves  by  the 
Constitution  was  prohibited ;  but  some  of  the  States  did 
not  allow  of  such  importation,  and  Congress  passed  a  law 
on  the  subject,  to  prevent  those  persons,  in  other  States, 
which  did  not  forbid  it,  from  bringing  them  into  the  States 
which  prohibited  the  traffic;  because,  while  the  national 
legislature  was  silent  on  the  subject,  it  was  pretended  that 
the  citizens  of  one  State  might  import  negroes  into  another, 
spite  of  a  State  law  against  it.  The  other  law  of  Congress, 
at  this  time  of  general  interest,  was  that  which  authorized 
the  President  to  order  eighty  thousand  of  the  militia  to  be 
detached  in  the  States,  and  to  call  on  the  Governors  of  the 
several  States  to  detach  their  respective  quotas  accordingly. 
The  militia  so  detached,  were  to  be  officered  in  the  usual 
manner  of  the  militia,  and  agreeably  to  the  laws  of  each 
State. 

The  apprehension  of  a  war  with  Spain,  at  that  period, 
dictated  this  measure  of  precaution.  There  had  then  been 
a  dispute  with  the  Spanish  government  for  some  time,  re- 
lating to  the  southwestern  boundary  line  of  the  United 
States,  and  difficulties  had  often  arisen  between  the  people 
on  that  frontier,  and  the  inhabitants  of  the  Spanish  territo- 
ry. Before  this  period,  however,  although  not  early  known 
in  the  United  States,  Spain  had  ceded  her  possessions  on 
the  Mississippi  to  France  ;  and,  in  1803,  the  French  gov- 
ernment sold  the  same  to  the  United  States,  for  eleven  mil- 
lions of  dollars.  This  was  a  secret  transaction,  at  first, 
wholly  unknown  to  the  Senate  of  the  United  States,  and  of 
which  only  the  President  and  his  minister,  at  the  French 
Court,  seemed  to  have  had  cognizance.  The  French  rulers 
wanted  money ;  and  besides,  they  intimated  some  threats 
towards  the  United  States  of  their  displeasure,  unless  it 
should  be  granted.  They  offered  the  extensive  territory, 
which  they  had  then  recently  obtained  of  Spain,  and  which 
was  of  little  benefit  to  them  at  that  time.  The  President 
believed  it  would  be  of  great  advantage  to  the  United 
States  to  possess  the  territory,  and  thus  to  have  the  entire 


1803]  JEFFERSON.  129 

use  of  the  Mississippi  river.  He  had  doubts,  however,  as 
afterwards  appeared,  whether  such  a  purchase  did  not  ex- 
ceed his  constitutional  powers.  But  he  referred  the  treaty 
to  the  Senate ;  and,  with  their  consent,  gave  his  confirma- 
tion to  the  bargain.  The  purchase  of  Louisiana  from  France, 
was  long  a  topic  of  dispute  between  the  friends  and  oppo- 
nents of  the  administration.  The  former  represented  the 
acquisition  of  such  an  extensive  territory,  especially  as  it 
included  the  Mississippi  river,  the  great  outlet  for  the  pro- 
duce of  the  western  States,  of  vast  advantage  to  the  nation, 
and  as  a  cheap  purchase,  in  a  pecuniary  view  ;  and  while 
they  admitted  the  measure  to  be  a  stretch  of  power  beyond 
the  letter  of  the  Constitution,  they  justified  and  commended 
it,  for  the  very  great  benefit  it  would  be  to  the  Union :  as 
it  would  secure  a  large  tract  of  country  favorable  to  the 
growth  of  articles  wanted  in  other  parts  of  the  United 
States,  and  which  were  then  imported  from  the  West 
Indies. 

The  principal  objections  made  to  this  measure  were 
two — one,  that  the  territory  of  the  United  States  was  al- 
ready abundantly  sufficient  for  one  government  of  a  repub- 
lican character,  and  that  there  were  immense  tracts  of  wild 
lands  to  be  filled  up,  in  the  northwest  part  of  the  country. 
A  very  extensive  territory  it  was  said  would  endanger  the 
republic,  and  might  require  a  strong  arm,  probably  a  mili- 
tary force,  to  preserve  order  and  peace.  But  the  greatest 
objection  grew  out  of  the  supposed  unconstitutionality  of 
the  measure ;  and  that  if  the  provisions  and  plain  meaning 
of  that  compact  were  violated  or  disregarded,  it  would  prove 
a  most  injurious  precedent.  The  government  might  as 
well  purchase  Canada  and  Nova  Scotia,,  or  Mexico,  or  the 
island  of  Cuba.  It  was  contended,  that  when  the  Consti- 
tution provided  for  the  admission  of  new  States  into  the 
Union,  it  had  pointed  out  in  what  cases  such  States  should 
be  received :  that  large  States  might  be  divided,  on  the 
consent  both  of  Congress  and  the  old  State  proposed  to  be 
so  divided ;  and  that  new  States  might  be  formed  in  the 
northwest  territory,  then  being  within  the  limits  of  the 
United  States.  There  were  probably  some  party  preju- 
dices operating  to  produce  or  reiterate  these  objections,  and 
to  represent  the  act  as  at  once  arbitrary  and  unconstitu- 
tional. And  yet  there  was  certainly  much  force  in  the 
arguments  offered  to  prevent  Congress  from  giving  effect  to 
the  bargain  made  by  the  treaty.  The  objections  were 
made  by  members  of  undoubted  patriotism,  and  of  republi- 
can principles ;  and  with  them,  the  advantage  of  such  a 
17 


130  FEDERAL  GOVERNMENT.  [1803 

purchase  was  of  less  weight,  than  an  adherance  to  a  just 
construction  of  the  Constitution.* 

When  Congress  adjourned  in  March,  1803,  an  Act  was 
passed  fixing  on  the  first  Monday  in  November  for  the 
next  meeting ;  but  the  President  called  them  together  in 
October ;  with  a  view  to  provide  for  taking  possession  and 
governing  the  newly-acquired  territory  of  Louisiana  ;  and 
when  Congress  convened,  he  informed  them  of  the  ratifica- 
tion of  the  treaty  with  the  French  government,  which 
transferred  and  ceded  that  territory  to  the  United  States. 
An  Act  of  the  national  legislature  was  passed,  within  four- 
teen days  of  assembling,  making  legal  provision  for  the 
occupation  and  temporary  government  of  the  territory, 
under  the  authority  of  the  President ;  and  for  appropriating 
the  sum  of  eleven  millions  f  as  the  purchase  money. 

Very  different  views  now  prevailed  with  a  portion  of 
Congress  from  those  expressed  on  the  question  of  making 
provision  for  giving  effect  to  the  treaty  with  England 
in  1794.  There  were  objections  made  to  the  measure,  as 
already  intimated,  by  some  members ;  but  those  who  ob- 
jected to  the  appropriations,  in  the  case  of  the  British 
treaty,  with  their  friends,  now  a  large  majority  in  Con- 
gress, were  ready  at  once  to  pass  a  law  for  the  payment 
of  the  sum  stipulated,  and  for  all  other  expenses  attending 
the  occupation,  as  well  as  for  giving  entire  authority  to  the 
President  to  appoint  all  the  officers  for  the  government  of 
the  territory.  The  purchase  included  all  lands  on  "  the 
east  side  of  the  Mississippi  river,  not  then  belonging  to  the 
United  States,  as  far  as  the  great  chain  of  mountains  which 
divide  the  waters  running  into  the  Pacific  and  those  falling 
into  the  Atlantic  ocean ;  and  from  said  chain  of  mountains 
to  the  Pacific  ocean,  between  the  territory  claimed  by 
Great  Britain,  on  one  side,  and  by  Spain  on  the  other." 

At  an  early  day  of  the  session,  it  was  proposed  to  alter 
the  Constitution  of  the  United  States,  as  to  the  election  of 
President  and  Vice  President,  so  as  to  designate  which 
person  was  voted  for  as  President,  and  which  for  Vice 
President ;  instead  of  the  original  article,  which  required 
the  electors  to  vote  for  two  persons,  for  these  offices,  and 
the  one  who  had  the  highest  number  to  be  President.  At 
the  last  presidential  election,  the  votes  being  equal  for  two 

♦  Mr,  Q,uincy,  of  Massachusetts,  was  one  of  those  who  considered  the 
measure  unconstitutional,  and  as  a  dangerous  precedent.  Many  others  had 
similar  views. 

t  The  whole  cost,  however,  was  fifteen  millions ;  and  loans  were  ordered 
to  make  payment. 


1803]  JEFFERSON.  131 

persons,  it  devolved  on  the  Representatives  in  Congress, 
according  to  the  Constitution,  to  elect  one  of  these  for  Pres- 
ident; when  a  great  excitement  arose,  and  much  bitterness 
of  spirit  was  manifested,  which  did  not  soon  subside.  The 
proposition  was  opposed  as  an  unwise  departure  from  the 
spirit  and  design  of  the  Constitution ;  which  was,  that  two 
persons  fully  qualified  for  the  office  of  chief  magistrate 
should  be  voted  for,  without  a  specific  and  exclusive  desig- 
nation of  one  to  the  presidency;  and  thus  in  case  of  the 
death  of  one,  the  other  who  would  succeed,  till  the  period 
of  another  election,  would  be  equal  to  the  discharge  of  the 
high  trust.  The  two  persons  voted  for  in  1788,  Washington 
and  Adams,  were  entirely  qualified  for  the  station ;  and  so 
it  was  supposed  also  in  1800,  when  Adams  and  Pinckney 
were  the  candidates  by  one  party ;  and  Jefferson  and 
Burr  by  the  other.  But  such  a  mode  or  rule  of  election 
had  hazarded  the  choice  of  Mr.  Jefferson,  who  was  the 
person  intended  to  be  President,  by  those  who  Toted  for 
the  ticket  with  his  name  and  that  of  Mr.  Burr.  And  his 
political  friends  were  resolved  to  prevent  the  recurrence  of 
a  similar  difficulty.  Other  reasons  were,  indeed,  offered 
for  this  alteration  in  the  Constitution ;  and  it  was  urged 
that  it  was  more  simple,  direct,  and  proper,  to  designate 
which  candidate  was  intended  to  be  President  by  the  votes 
of  the  electors. 

The  objections  were,  that  the  Constitution  was  too  sacred 
to  be  altered  for  slight  reasons  and  purposes — that  the  ob- 
ject of  the  alteration  was  merely  to  gratify  an  individual 
and  his  political  friends,  and  not  to  promote  the  welfare  or 
to  secure  the  liberty  of  the  people — and  that  the  original 
article  was  the  result  of  long  and  impartial  deliberation  in 
the  Convention  which  framed  the  Constitution  ;  and  was 
believed  would  most  certainly  secure  the  election  of  two 
able  individuals  for  the  two  highest  offices  in  the  govern- 
ment ;  while  it  provided  for  an  able  and  suitable  successor 
to  the  President,  in  the  event  of  his  death.  It  was  also 
proposed  to  limit  the  presidency  in  the  same  citizen,  to  two 
terms  of  four  years ;  but  this  did  not  prevail. 

The  proposed  alteration  of  the  Constitution  having  been 
agreed  to  by  two  thirds  of  the  members  of  both  branches 
of  the  federal  legislature,  it  was  communicated  to  the  legis- 
latures of  the  several  States  for  their  consideration.  And 
within  the  year,  two  thirds  of  the  State  legislatures,*  the 
proportion,  required    by  the  Constitution,   for  making  an 

*  Thirteen  States  were  in  favor. 


132  FEDERAL  GOVERNMENT.  [1803 

alteration  in  any  part  or  article  of  that  instrument,  declared 
their  assent  to  it.  Massachusetts,  Delaware,  and  Connec- 
ticut, did  not  approve  of  the  change.  A  motion  was  re- 
peatedly made  at  this  session  of  the  national  legislature  for 
disallowing  the  balances  in  favor  of  certain  States,  which 
had  claims  on  the  federal  government  for  advances  in  the 
war  of  the  revolution,  exceeding  their  proportion.  The 
members  from  several  States  were  in  favor  of  the  measure, 
and  voted  for  a  bill  to  be  prepared  for  the  purpose.  But  it 
was  so  manifestly  unjust,  that  a  majority  could  not  be  ob- 
tained for  it.  It  was  not  a  party  question  j  and  several 
who  usually  supported  the  measures  of  the  administration 
were  opposed  to  it.  But  all  who  favored  the  proposition 
were  the  political  friends  of  the  executive. 

During  this  meeting  of  Congress,  the  salaries  of  the  chief 
officers  of  the  government,  excepting  the  Judges,  were 
raised  nearly  twenty  per  cent.  This  was  the  more  surpris- 
ing, as  one  great  complaint  against  the  former  administra- 
tion, and  its  friends,  was  allowing  extravagant  salaries. 
Additional  duties  were  also  imposed  by  Congress,  in  March, 
1804  :  The  plea  for  which  was  the  expense  of  the  naval  ar- 
mament then  maintained  in  the  Mediterranean,  as  a  neces- 
sary protection  to  the  vessels  of  the  United  States,  then  ex- 
posed to  the  attacks  of  the  Tripolitan  cruisers.  A  naval  force 
was  justly  kept  up  in  that  sea,  and  proved  of  great  use. 
The  armed  ships  of  that  power  committed  as  great  injuries 
on  American  commerce,  as  if  open  war  had  been  declared. 
And  the  United  States  navy  in  that  quarter,  though  small, 
was  of  great  benefit ;  and  several  of  the  naval  commanders 
there  conducted  with  uncommon  bravery  and  effect.  The 
President  was  authorized  to  fit  out  two  sloops  of  war  to  be 
added  to  the  naval  force  then  in  the  Mediterranean. 

An  additional  law  was  passed  during  this  meeting  of 
Congress,  on  the  subject  of  naturalizing  aliens  and  for- 
eigners; and  the  time  was  lessened,  requiring  a  certain 
period  of  their  residence  in  the  United  States  previously  to 
their  being  admitted  to  all  the  rights  of  citizens.  This 
alteration  was  opposed  by  those  members  who  had  sup- 
ported the  measures  of  the  former  administration.  It  was 
deemed  unreasonable  to  admit  native  foreigners  to  all  the 
rights  of  those  born  and  educated  in  the  United  States, 
until  they  had  resided  several  years  in  the  country,  while 
they  were  readily  allowed  protection,  and  equal  justice. 
In  March,  1804,  an  additional  law  was  passed,  for  the 
government  of  the  territory  called  Louisiana,  and  annexed 
to  the  United  States,  by  purchase,   the  year  before ;  by 


1804]  JEFFERSON.  133 

which  two  separate  governments  were  established,  to  be 
organized  as  the  President  might  direct. 

During  this  session  of  Congress,  the  Judge  of  the  District 
Court  of  the  United  for  the  District  of  New  Hampshire, 
was  formally  impeached  of  high  crimes  and  misdemeanors, 
before  the  Senate,  by  the  House  of  Representatives.  He 
was  duly  summoned  to  appear  before  the  Senate,  the  con- 
stitutional tribunal,  to  answer  to  the  charges  brought 
against  him.  But  his  health  was  too  feeble  to  permit  him 
to  proceed  to  the  seat  of  the  federal  government.  Counsel 
however  appeared  in  his  behalf,  and  alleged  occasional  in- 
sanity, as  the  cause  of  any  improper  conduct  which  could 
be  justly  charged  upon  him.  Very  respectable  witnesses 
appeared  to  show  the  fact ;  but  it  appeared  that  he  was 
occasionally  intoxicated,  in  consequence  of  insanity,  as  his 
counsel  alleged.  The  prosecution  proceeded,  notwith- 
standing; and  he  was  solemnly  declared  guilty  of  the 
charges  brought  against  him,  and  was  dismissed  from  his 
office.  The  evidence  showed  his  unfitness  for  conducting 
the  business  of  the  Court,  and  it  was  proper  to  remove 
him ;  but  the  sentence  was  considered  severe,  and  an  un- 
necessary reproach  on  his  character.  At  the  same  time,  it 
was  decided  by  the  House  of  Representatives  to  prepare 
articles  of  impeachment  against  Judge  Chase,  of  Maryland, 
of  the  Supreme  Court,  and  against  Judge  Peters,  of  Penn- 
sylvania, of  the  District  Court,  of  the  United  States :  and 
a  Committee  was  appointed  to  draw  up  the  articles  in  form. 
But  Congress  soon  after  adjourned,  and  the  subject  was, 
therefore,  postponed  to  the  next  session. 

These  proceedings  were  alarming  to  the  friends  of  an 
independent  judiciary  ;  as  it  indicated  a  disposition  in  the 
majority  to  search  for  occasions  to  lessen  the  character  of 
the  Judges,  and  render  them  odious  to  the  people.  In  the 
impeachment  of  Judge  Peters,  of  Pennsylvania,  the  charge 
was  of  arbitrary  and  illegal  conduct,  in  the  trial  of  a  per- 
son indicted  for  treason,  who  had  committed  overt  acts  of 
opposition  to  the  license  laws  in  that  State.  The  facts  al- 
leged were  fully  proved ;  and  his  conduct  was  found  to 
have  been  such  as  justly  to  require  exemplary  punishment. 
The  Judge  overruled  several  motions  made  by  the  counsel 
for  the  respondent ;  and  for  this  he  was  charged  with  un- 
due severity  and  injustice.*  The  charges  against  Judge 
Chase,  of  the  Supreme  Court,  were  for  similar  oppressive 

*  The  intended  impeachment  of  Judge  Peters,  was  not  further  prosecuted. 
It  was  concluded  to  direct  all  exertions  against  Judge  Chase. 


134  FEDERAL  GOVERNMENT.  [1804 

and  arbitrary  conduct  in  the  same  case,  when  he  was  the 
presiding  Justice  ;  and  for  his  behavior,  as  presiding  Judge 
of  a  Circuit  Court  in  Virginia,  for  the  trial  of  a  person  ac- 
cused of  a  violation  of  the  Sedition  Act.  It  was  alleged, 
that  the  Judge  conducted  with  great  partially,  and  dis- 
covered party  feelings;  and  thereby  had  prostituted  his 
office,  from  personal  malignity  or  political  prejudices. 
He  was  also  accused  of  discussing  political  subjects  in  his 
charges  to  the  Grand  Jury  in  Maryland,  and  of  reflecting 
on  the  policy  of  the  government,  in  a  manner  not  proper 
for  a  member  of  the  Judiciary.  The  trial,  at  the  next  ses- 
sion, before  the  Senate,  on  this  impeachment,  after  a  full 
hearing  of  the  case,  which  continued  several  days,  resulted 
in  the  acquittal  of  the  Judge.  On  most  of  tjie  articles  of 
charge,  the  majority  of  the  Senate  decided  that  he  was  not 
guilty.  On  three  of  the  charges  there  was  a  majority  of 
two  who  voted  that  he  was  guilty ;  but  this  was  not  a 
constitutional  majority,  and  he  was  honorably  discharged. 
Honorably  because  it  was  apparent  to  every  impartial  en- 
quirer, that  he  had  conducted  with  impartiality,  with  fair- 
ness, and  with  all  proper  lenity  and  indulgence ;  and  that 
whatever  of  prejudice  or  improper  bias  there  might  be  in 
the  case,  it  was  to  be  found  in  those  who  commenced  and 
supported  the  prosecution.  They  were  displeased,  that  he 
did  not  disregard  law  and  justice  to  favor  the  wishes  of 
those  in  power.  Two  of  the  members  of  the  House  of 
Representatives,  who  appeared  most  zealous  in  the  prose- 
cution, immediately  after  the  acquittal  of  Judge  Chase, 
proposed  the  following  amendments  to  the  Constitution, 
viz :  "  That  the  President  be  authorized  to  remove  a  Judge, 
on  an  address  of  the  two  Houses  of  Congress — and  a  State 
to  recall  a  Senator  when  it  should  choose." 

There  had  now  been  a  dispute  with  Spain,  for  some 
time,  with  reference  to  claims  to  territory  on  the  Mis- 
sissippi ;  and  a  Minister  had  been  deputed  to  that  Court 
to  adjust  the  difficulties  arising  from  such  misunderstand- 
ing, but  without  full  success ;  though  the  Spanish  govern- 
ment professed  friendly  views  towards  the  United  States. 
The  cession  of  Louisiana  to  the  United  States  by  France, 
which  had  shortly  before  received  the  territory  from  Spain, 
served  to  increase  the  obstacles  to  the  preservation  of  peace 
between  the  two  nations.  The  American  administration 
claimed  West  Florida,  as  a  part  of  the  ceded  territory ;  but 
the  Spanish  government  denied  the  justice  of  such  a  claim. 
After  numerous  attempts  to  adjust  the  difficulty,  and  the 
manifestation  of  unfriendly  designs   towards   the  United 


1804]  JEFFERSON.  135 

States,  the  American  Envoy  demanded  his  passport,  and 
left  Spain  in  August,  1804.  In  the  meantime  the  President 
had  refrained  from  taking  possession  or  exercising  jurisdic- 
tion of  that  part  of  the  territory,  which  Spain  denied  had 
been  ceded  to  France,  and  which  France  could  not  there- 
fore rightfully  transfer  to  the  United  States  ;  the  Spanish 
government  was  thus  apparently  reconciled,  and  war  pre- 
vented between  the  two  nations.  The  Spanish  monarch,  how- 
ever, relinquished  his  claims  to  the  territory  soon  after,  but 
with  no  little  reluctance ;  and  he  was  then  so  much  under 
the  influence  of  the  French  government,  that  new  difficul- 
ties arose  in  making  a  treaty  with  the  United  States  on 
the  subject.  A  large  portion  of  the  American  people  were 
in  favor  of  a  war  with  Spain,  at  this  period,  on  account  of 
a  refusal  to  yield  the  territory  purchased  of  France,  and 
for  numerous  spoliations  on  the  commerce  of  the  United 
States.  But  pacific  councils  prevailed ;  and  forbearance 
eventually  secured  all  the  benefits  for  which  a  war  was 
proposed,  without  its  expenses  and  evils.  A  treaty  was 
soon  after  made  with  Spain,  called  aa  treaty  of  friendship, 
limits,  and  navigation ;"  in  which  the  bounds  of  Louisiana 
were  more  accurately  defined,  and  containing  stipulations 
for  indemnity  for  spoliations  on  jVmerican  commerce. 

The  revenue  for  1804,  amounted  to  seventeen  millions, 
and  the  expenditures  to  twelve  and  half  millions ;  and  in 
four  years,  thirteen  millions  of  the  public  debt,  including 
interest,  had  been  paid  :  but  a  larger  sum  than  that  had 
been  borrowed  to  meet  the  purchase  money  for  the  territory 
of  Louisiana  ;  and  the  Mediterranean  fund  was  continued, 
to  meet  the  expenses  of  the  naval  armament  kept  up,  to 
check  the  Barbary  power.  For  the  defence  and  security 
of  the  seaports  and  harbors,  it  was  recommended  by  the 
President,  that  more  gun-boats  than  were  authorized  in 
February,  1803,  be  built,  as  they  would  be  less  expensive 
than  larger  armed  vessels, — could  be  kept  without  men, 
when  not  in  actual  service,  and  might  be  manned,  at  short 
notice,  by  the  militia  in  the  vicinity.  This  was  an  inno- 
vation in  the  system  of  naval  armaments,  which  many 
believed  would  prove  inefficient,  both  on  account  of  the 
small  tonnage  of  the  boats,  and  of  manning  them  by  the 
militia,  instead  of  experienced  seamen.  On  these  subjects, 
as  well  as  on  some  others,  which  were  before  Congress  at 
the  two  former  sessions,  there  was  far  less  of  free  and  in- 
dependent discussion,  than  had  been  witnessed  in  the 
House  of  Representatives  previously  to  1802.  The  objec- 
tions made  to  several  propositions,  which  the  majority  of- 


136  FEDERAL  GOVERNMENT.  [1804 

fered,  were  seldom  met  by  proper  argument,  but  were 
merely  voted  down  by  numbers.  It  appeared  that  on  the 
most  important  subjects,  the  course  to  be  adopted  by  the 
majority,  was  agreed  upon  at  meetings  previously  held  in 
private.  The  vote  was  often  thus  obtained  by  party  feel- 
ings and  pledges,  rather  than  according  to  sound  reason, 
or  personal  conviction.  It  may  be  impossible  entirely  to 
suppress  the  influence  arising  from  political  parties ;  but 
it  would  often  have  far  less  effect,  if  there  were  an  inde- 
pendent and  manly  course  pursued,  according  to  the  argu- 
ments and  views  presented  by  free  discussion. 


1805J  JEFFERSON.  137 


CHAPTER  VII. 


Mr.  Jefferson's  Second  Election.  Aliens.  Difficulties  with  Spain  and  with 
Great  Britain,  continued.  Charges  against  Colonel  Burr.  His  Trial.  Chief 
Justice  Marshall  accused  of  Partiality.  Attack  on  Chesapeake.  Impress- 
ments. Special  Envoy  from  England.  Disputes  with  France.  Conduct  of 
Buonaparte.  Embargo.  Objections  to  Embargo,  as  it  was  Unlimited,  and 
Injurious  to  Commerce.  Supposed  French  Influence.  British  Orders  in 
Council.  Difficulty  of  avoiding  the  Displeasure  of  those  Nations.  Com- 
plaints against  the  President,  for  Partiality  to  France. 

Mr.  Jefferson  was  re-elected  President,  in  March,  1805, 
for  another  term  of  four  years.  And  George  Clinton,  some 
time  Governor  of  the  State  of  New  York,  was  chosen  Vice 
President,  in  the  place  of  Mr.  Burr,  who  was  not  supported 
by  either  party.*  The  majority  for  Mr.  Jefferson  was  very 
large,  being  one  hundred  and  sixty-two  votes  in  one  hun- 
dred and  seventy-six.  But  the  change  in  public  opinion 
was  not  so  great  as  this  single  fact  might  seem  to  indicate. 
In  the  House  of  Representatives,  the  majority  in  support 
of  the  administration  was  as  seventy-five  to  forty :  In  the 
Senate  it  was  not  so  great.  The  prosecution  of  Judge 
Chase  alarmed  many,  and  the  administration  lost  some 
supporters  by  the  measure.  The  aversion  of  the  President 
to  a  navy,  which  many  believed,  was  another  considera- 
tion with  a  portion  of  the  people  for  not  generally  support- 
ing his  policy.  Had  a  more  efficient  naval  force  been  or- 
dered into  the  Mediterranean,  it  would  have  enabled  the 
brave  and  gallant  officers  of  the  American  squadron  there, 
to  have  wholly  suppressed  the  Barbary  cruisers.  They 
behaved  with  great  spirit  and  resolution,  and  effected  all 
the  benefits  which  could  be  expected  of  them.f 

It  is  not  surprising,  perhaps,  that  they  who  had  approved 
of  the  general  policy  pursued  for  the  twelve  first  years  of 
the  federal  government,  should  oppose  many  of  the  leading 
measures  adopted  by  those  now  in  power.     The  latter  had 

*  The  friends  of  Mr.  Jefferson  considered  Burr  as  the  rival  of  their  favorite 
candidate  ;  and  the  political  opponents  of  Mr.  Jefferson  became  dissatisfied 
with  his  conduct  on  various  accounts;  especially  with  his  treatment  of  General 
Alexander  Hamilton,  whom  he  had  challenged  and  killed  in  a  duel. 

t  Among  the  most  distinguished  of  these  were  Preble,  Decatur,  Somers, 
Stewart,  Chauncy,  Hull,  and  Morris. 

18 


138  FEDERAL  GOVERNMENT.  [1805 

condemned  the  proceedings  of  the  two  former  Administra- 
tions, and  entered  on  a  course  of  policy  very   different,  in 
many  respects,  from  that  before  pursued.     To  attempt  to 
detect  the  real  motives  and  views  of  the  leading  characters 
of  either  party,  might  be  alike  uncandid  and  unavailing. 
Great  men  often  differ  in  opinion,  and  are  equally  honest ; 
and  yet  candor  does  not  require  that  all  men  be  estimated 
alike  for  their  good  intentions,  or  upright  principles.     Nor 
does  the  ephemeral  popularity,  which  some  public  charac- 
ters enjoy,  afford  a  just  criterion  of  their  patriotism  or  moral 
worth.     In  all  such  cases,   the  people  must  determine  in 
whom  they  will  repose  confidence ;  and  if  a  full  develop- 
ment of  character  does  not  justify  their  high  estimation, 
they  must  suffer  the  unhappy  consequences  of  self-delusion. 
At  the  session  of  Congress,  which  closed  on  the  third  of 
March,  1805,  two  important  laws  were  passed,  intended  to 
prevent  the  hostile  and  predatory  acts  of  persons  on  board 
of  foreign  vessels  in  the  harbors  and  ports  of  the  United 
States,  or  in  the  waters  within  their  jurisdiction ;    and  to 
regulate  the  clearance  of  armed  American  merchant  vessels. 
By  the  former,  persons  were  liable  to  be  arrested,  on  war- 
rant from  any  Judge  or  Justice  of  a  Court  of  the  United 
States ;  who  was  authorized,   if  necessary,   to  call  on  the 
militia  in  the  vicinity  to  assist  the  marshal  in  the  execution 
of  his  duty,  in  serving  the  warrant  wherever  the  offender 
might  be.     The  offences  enumerated  in  the  law  were  trea- 
son, felony,  misprision  of  treason  or  of  felony,   and  misde- 
meanors, as  breach  of  the  peace  or  of  the  revenue  laws  of 
the  United  States.     The   latter  prescribed  the  mode  and 
form  of  clearing  merchant  vessels   of  the   United   States, 
which  were  to  be  armed  on  their  voyages  ;  requiring  a  bond 
to  be  given,  both  by  the  owners  and  masters,  that  the  arms 
on  board  said  vessel  should  not  be  used  for  any  unlawful 
purposes,  but  merely  for  resistance  and  defence,  if  attacked  ; 
and  that  the  guns  and  arms  belonging  to  the  vessel  should 
not  be  sold  in  the  West  Indies,  &c.     These  were  prudential 
measures,  designed  to  maintain  the  neutral  character  of  the 
United  States  ;  to  prevent  unnecessary  attacks  by  American 
armed  merchantmen,  on  British,  French,  or  Spanish  vessels ; 
and  to  check  the  insolence  of  the  commanders  of  foreign 
armed  ships,   on   the   coasts,   towards    the   vessels  of  the 
United    States.     Events   had    then    previously    occurred, 
which  rendered  these  laws  wise  and  proper.    Safety  required 
the  merchantmen  to  be  armed, — but  sometimes  the  masters 
had  made  unwarrantable  and  unnecessary  attacks  on  the 
vessels  of  other  nations. 


1805]  JEFFERSON.  139 

The  favor  shown  to  foreigners  by  the  new  naturalization 
law,  and  other  marks  of  encouragement,  were  inducements 
to  the  natives  of  Europe  to  immigrate  to  the  United  States, 
and  here  take  up  their  permanent  residence.  And  many  of 
these  were  of  the  less  worthy  class  of  the  population  of  the 
countries  from  which  they  came.  They  were  the  discon- 
tented, the  unstable,  the  indolent,  and  such  as  had  imbibed 
revolutionary  or  visionary  principles :  though  there  were 
some  honorable  exceptions.  They  had  not  just  notions  of 
a  republican  government,  such  as  were  maintained  in  most 
of  the  States.  Their  sentiments  concerning  civil  liberty 
were  impracticable,  or  inconsistent  with  the  peace  and 
order  of  government.  Their  cry  was  for  liberty,  but  as  for 
law  and  civil  authority,  they  expected  to  be  in  a  great 
measure  free  from  their  restraints.  The  character  of  the 
American  population  was  thus  gradually  changed ;  and  in 
many  places,  aliens,  united  with  the  discontented  in  the 
country,  and  outnumbered  and  outvoted  the  native  citizens 
of  property  and  stability.  Those  who  professed  to  be  the 
friends  of  the  people  and  of  liberty,  and  who  were  ambi- 
tious of  office,  frequently  succeeded,  when  in  competition 
with  more  worthy  and  patriotic  characters. 

The  Message  of  the  President  to  Congress,  in  December, 
1805,  was  in  a  higher  tone  and  spirit  than  his  former  pub- 
lic addresses  had  been  to  that  body.  He  referred  to  the 
interruptions  and  depredations  still  continued  by  the  bel- 
ligerent powers  of  Europe,  on  the  American  commerce ; 
and  to  their  occasional  aggressions  and  insults,  even  within 
the  waters  of  the  United  States'  jurisdiction. — To  the  in- 
jurious operation  of  the  maritime  policy  of  Great  Britain, 
with  respect  to  neutral  vessels  bound  to  the  ports  of  the 
enemy  of  that  nation — and  to  the  omission  on  the  part  of 
the  Spanish  government  to  fulfil  its  former  engagements  of 
indemnity  for  spoliations  on  American  commerce  ;  and  to 
other  evidences  of  an  unfriendly  spirit  in  that  nation  towards 
the  United  States.  There  had  then  long  been  a  misunder- 
standing with  Spain,  growing  out  of  claims  on  that  govern- 
ment for  its  depredations,  and  of  their  delay  in  surrendering 
their  possessions  in  Louisiana,  purchased  of  France,  and 
previously  ceded  to  the  French  by  the  Spanish  government. 
The  American  envoys  had  been  attempting  to  negotiate 
with  Spain,  on  these  accounts,  for  sometime ;  and  a  second, 
and  even  a  third  envoy  had  been  sent  to  the  Spanish  Court. 
But  no  adjustment  could  be  effected,  consistently  with  the 
honor  and  interests  of  the  United  States.  The  hesitation 
and  delay  were  attributed  to  an  unwillingness  or  an  inabil- 


140  FEDERAL  GOVERNMENT.  [1805 

ity  to  fulfil  their  engagements  to  the  United  States  under 
a  former  treaty;  or  the  influence  of  French  policy,  which 
then  directed  the  affairs  of  Spain,  and  which  appeared  de- 
signed to  injure  the  American  commerce.  The  Spanish 
Court  was  also  dissatisfied  with  the  loss  of  Louisiana;  and 
was  disposed  to  yield  as  little  as  possible,  by  virtue  of  their 
cession  to  France.  So  evasive  and  unsatisfactory  was  the 
conduct  of  the  Spanish  rulers,  that  the  American  envoys 
left  the  court,  without  hope  of  forming  a  just  and  honorable 
treaty.  The  course  pursued  by  the  ministers  of  Spain  were 
so  manifestly  unreasonable  and  injurious,  that  a  great  por- 
tion of  the  citizens  of  the  United  States  declared  that  a  war 
with  that  nation  would  be  perfectly  justifiable ;  but  the 
President  did  not  recommend  that  ultimate  measure  :  and 
the  majority  were  not  fully  prepared  for  it,  either  in  Con- 
gress, or  in  the  nation.  The  sentiments  expressed  by  the 
President  in  his  public  communication  to  the  national  legis- 
lature, met  with  less  animadversion  than  those  contained 
in  his  previous  addresses,  had  received  :  and  all  were  ready 
to  adopt  efficient  measures  for  the  honor  of  the  country  and 
the  protection  of  their  maritime  rights.  In  speaking  of  the 
official  declarations  of  the  British  ministers,  for  interrupting 
the  American  navigation,  as  a  neutral  power,  destined  to 
the  ports  of  their  enemies,  the  President  said,  "they  had 
made  interpolations  in  the  laws  of  nations  relating  to  com- 
merce, which  required  investigation."  A  committee  was 
accordingly  early  appointed  to  take  the  subject  into  con- 
sideration. 

What  the  President  called  an  "  interpolation  in  the  laws 
of  nations,"  was  the  revival  and  application  of  a  principle 
in  maritime  policy,  which,  many  years  before,  had  been  ad- 
vanced and  put  in  practice  by  European  governments. — 
One  point  was  the  monopoly  of  trade,  by  the  parent  gov- 
ernment or  nation  in  Europe,  of  its  American  colonies, 
(which  was  true  of  the  French  and  the  Dutch  as  well'  as 
of  the  English,)  with  special  and  occasional  relaxation,  as 
was  supposed  to  be  for  the  benefit  of  the  parent  State,  or 
the  relief  of  the  colonies.  But  the  chief  objection  was  to 
the  rule  of  1756,  as  it  was  called ;  by  which  a  right  was 
assumed  by  the  British  to  prohibit  the  trade  of  a  neutral 
nation  with  France,  its  enemy,  not  only  in  warlike  stores, 
but  in  provisions ;  and  rendering  the  American  merchant 
vessels  liable  to  detention  and  search,  on  suspicion  of  hav- 
ing goods,  belonging  in  fact,  to  citizens  or  subjects  of  France. 
Numerous  valuable  cargoes  destined  to  French  ports,  in 
American  ships,  and  ostensibly  American  property,  were 


1805]  JEFFERSON.  141 

really  the  property  of  merchants  of  France ;  and  thus  con- 
veyed for  the  purpose  of  safety.  The  French  contended 
that  free  or  neutral  bottoms  determined  the  neutral  charac- 
ter of  the  cargoes;  and  availed  themselves  of  this  doctrine 
to  transport  their  goods  in  American  vessels,  when  in  their 
own  ships,  they  were  almost  always  captured,  owing  to  the 
naval  superiority  of  the  British.  The  American  government 
complained  of  this  doctrine  or  rule,  as  injurious  to  its  com- 
merce, as  unjust,  and  novel  It  was  not  indeed  entirely  a 
new  principle,  for  it  had  been  asserted  and  followed  fifty 
years  before ;  and  other  nations,  when  policy  and  interest 
required  it,  had  contended  for  it.  The  French  government 
had,  in  fact,  only  a  few  years  before,  acted  on  the  same 
principle,  in  some  instances,  where  American  vessels  were 
conveying  cargoes  in  the  Mediterranean  belonging  to  the 
British.  It  was  sufficient,  however,  for  the  American  ad- 
ministration to  remonstrate  against  the  principle,  as  it 
operated  to  the  diminution  and  restriction  of  the  navigation 
of  the  country ;  and  as  the  rule  had  never  received  the  full 
approbation  or  acquiesence  of  the  maritime  powers  of  Eu- 
rope. It  was  the  opinion  of  a  portion  of  the  American 
merchants,  that  the  situation  of  Europe  and  the  dangers 
which  threatened  England,  furnished  a  reasonable  apology 
for  a  revival  of  this  principle ;  while  others  insisted,  that 
the  dangers  of  Great  Britain  could  be  no  reason  for  such 
restrictions  on  the  commerce  of  neutrals,  and  that  the  prin- 
ciple ought  to  be  impugned  by  every  independent  and  mar- 
itime nation.  But  the  British  administration  adhered  to  the 
obnoxious  rule,  and  gave  orders  to  their  vessels  accordingly ; 
which  proved  highly  injurious,  and  excited  strong  feelings 
of  dissatisfaction  in  the  United  States. 

The  measures  of  both  the  British  and  the  Spanish  gov- 
ernments were,  at  this  period,  indicative  of  no  friendly  dis- 
positions toward  America — and  there  was  a  portion  of  the 
citizens  who  contended  that  war  would  be  justified  against 
Spain ;  and  another  portion  urged  a  suspension  of  commer- 
cial intercourse  with  England,  in  retaliation  for  her  aggres- 
sions. This  unsettled  state  of  affairs  continued  for  some 
time ;  and  proved  very  embarrassing  to  commercial  enter- 
prise, and  highly  exciting  to  political  parties.  A  declara- 
tion of  war  by  the  United  States  against  either  of  these 
powers  would  not  have  been  approved  by  the  majority  of  the 
citizens.  It  would  not  have  been  good  policy;  and  while 
there  was  any  hope  of  success  in  negotiations,  it  was  greater 
proof  of  wisdom  to  avoid  open  and  general  hostilities. 

The  controversy  with  Spain  respecting  the  territory  for- 


142  FEDERAL  GOVERNMENT.  [1906 

merly  possessed  by  that  nation,  was  the  occasion  of  an 
expedition  on  the  Mississippi,  which,  though  undefined  and 
professedly  harmless  to  the  United  States,  gave  much  alarm 
in  1806,  and  even  led  some  to  apprehend  a  design  to  sever 
the  Union.  The  citizens  of  Kentucky  and  Tennessee  had 
been  complaining,  more  than  two  years,  of  Spanish  miscon- 
duct ;  and  seemed  ready  to  oblige  them  to  leave  the  territory 
by  force  :  and  a  few  were  so  inconsiderate  as  to  threaten  to 
form  a  separate  government  in  the  valley  of  the  Mississippi. 
A  wide  field  was  thus  presented  to  the  restless  and  ambitious 
mind  of  Aaron  Burr,  who  was  Vice  President  of  the  United 
States  from  1800  to  1804,  and  who  had  lost  the  confidence 
of  both  of  the  great  political  parties  in  the  country,  to  dis- 
play alike  his  talents  at  intrigue  and  his  love  of  notoriety. 
He  professed  no  specific  object;  and  it  is  not  probable  he 
liad  matured  any  particular  exclusive  plan.  And  yet  it  was 
necessary  for  him,  to  avoid  the  charge  of  a  treasonable  de- 
sign of  severing  the  Union,  to  have  some  ostensible  object 
in  view  to  justify  his  conduct. 

He  travelled  into  the  western  parts  of  the  United  States 
in  1805  and  '06  ;  and  learnt  more  fully  the  state  of  feeling  in 
the  people,  as  well  as  the  resources  of  that  section  of  the 
country.  His  declarations  were  different  to  different  char- 
acters, as  to  his  ultimate  designs.  But  it  was  generally 
pretended,  that  his  plan  was  to  raise  a  force  and  invade 
Mexico :  and  this  perhaps  was  necessary,  as  a  cover  to  a 
more  dangerous  purpose :  that  of  setting  up  a  separate  gov- 
ernment in  the  west,  and  including  the  newly  purchased 
territory  of  Louisiana.  That  country  contained  a  hetero- 
geneous population,  and  great  discontent  prevailed;  and 
there  was  a  prospect,  therefore,  of  forming  a  government 
separate  and  independent  of  the  United  States.  But  if  this 
should  not  succeed,  or  not  appear  sufficiently  feasible,  it  was 
necessary  to  have  another  object,  and  that  the  ostensible 
one,  of  passing  into  Mexico,  and  giving  no  disturbance  to 
the  Union.  How  extensive  the  plan  was,  it  is  difficult  to 
decide ;  but  many  individuals  in  Washington,  Philadelphia, 
New  York,  and  other  places,  had  knowledge  of  some  plan 
of  Mr.  Burr  in  the  western  country  and  on  the  Mississippi, 
not  generally  known  to  the  community.  There  was  a  mys- 
tery in  his  plans  and  conduct,  which  excited  alarm,  and  led 
many  to  fear  that  he  had  real  treasonable  designs.  The 
President  was  early  apprised  of  his  proceedings,  in  part  at 
least ;  and  took  measures  for  watching  his  movements,  and 
of  preventing  any  serious  evils  to  the  United  States,  if  any 
such  were  intended.     He  wrote  to  the  Governor  of  Louis- 


1806]  JEFFERSON.  143 

iana,  and  to  the  military  commander  of  the  United  States 
troops  in  that  quarter,  to  be  on  their  guard  against  the  plans 
of  Mr.  Burr,  which  might  be  ripe  for  execution  before  they 
were  aware  of  it.  And  yet  Burr  sometimes  pretended  to 
others  that  the  President  knew  of  his  designs  ;  with  a  view, 
probably,  however,  to  remove  all  suspicions  of  his  projects. 
His  associates  also  charged  General  Wilkinson,  the  military 
commander  near  New  Orleans,  in  the  service  of  the  United 
States,  with  being  privy  to  Burr's  intentions. 

The  various  movements  and  preparations  of  Burr,  cer- 
tainly indicated  some  unusual  and  improper  enterprise  ;  and 
few  believed,  that  he  was  getting  up  an  expedition  to  invade 
Mexico.  The  act  itself  must  have  been  seen  to  be  improper, 
and  not  likely  to  succeed,  if  attempted,  with  the  few  men 
Burr  could  raise.  It  was  more  probable,  that  his  real  object 
was,  under  various  plausible  pretences,  and  professing  to 
have  other  objects  in  view,  to  take  possession  of  New  Or- 
leans by  force,  if  circumstances  should  be  favorable,  and 
there  to  collect  a  sufficient  number  of  discontented  and  ad- 
venturous spirits  to  maintain  himself  in  power  against  the 
arms  of  the  United  States ;  which,  at  that  distance,  and  in 
the  hands  of  Mr.  Jefferson,  he  supposed  would  not  be  very 
promptly  or  very  decisively  used  to  subdue  him. 

Colonel  Burr  proceeded  to  the  Ohio,  in  the  latter  part  of 
1806,  having  before  been  in  various  parts  of  the  valley  of 
the  Mississippi  far  south ;  and  there  prevailed  on  several 
individuals  of  influence  to  join  him,  or  to  afford  him  their 
aid.  He  there  collected  military  stores  and  provisions,  and 
enlisted  men  to  follow  him  down  the  river ;  sometimes  de- 
claring his  intention  of  proceeding  against  Mexico ;  and 
sometimes  pretending  he  was  authorized  by  the  President 
to  keep  the  Spaniards  in  order,  who  remained  on  the  terri- 
tory, and,  as  was  at  one  time  conjectured,  to  act  offensively 
against  the  inhabitants  in  the  western  parts  of  the  United 
States.  It  was  said  that  Colonel  Burr  had  several  thousand 
men  engaged  to  accompany  or  to  follow  him,  on  due  notice, 
while  he  went  down  the  river,  almost  alone,  and  unattended. 

Such  a  man,  it  must  be  supposed,  had  a  definite  object  in 
view,  though  probably  disclosed  to  only  a  few  chosen  ones 
in  whom  he  could  confide.  And  there  can  be  very  little 
doubt  that  his  design  was  to  collect  men  and  adherents,  in 
small  and  separate  parties,  at  or  near  New  Orleans,  and 
there  take  command,  and  declare  himself  independent  of 
the  government  of  the  United  States.  Governor  Claiborne 
he  did  not  fear  ;  and  General  Wilkinson  he  probably  hoped 
would  come  into  his  views,  and  assist  in  forming  a  new 


144  FEDERAL  GOVERNMENT.  [1807 

government  in  the  Louisiana  territory.  His  plans  were 
early  suspected,  and  many  of  his  adherents  and  associates 
became  alarmed,  and  declined  to  support  him.  Some  of  his 
correspondents  were  arrested  at  New  Orleans,  and  conveyed, 
by  the  military,  to  Washington  for  examination ;  but  his 
friends  attempted  to  represent  the  affair  as  unimportant,  and 
wholly  disconnected  with  any  treasonable  project.  Thus 
situated,  Mr.  Burr  made  no  further  attempts  to  accomplish 
his  plan,  whatever  it  might  have  been ;  but  he  was  arrested, 
taken  to  Virginia,  tried  for  treason,  and  acquitted.  His 
real  designs  were  probably  revealed  to  very  few,  who  faith- 
fully kept  his  secrets.  For  nothing  was  proved  to  convict 
him  legally  of  the  charge  alleged  against  him.  In  the 
opinion  of  some,  who  knew  him,  he  was  as  destitute  of 
moral  principles  as  Benedict  Arnold.  He  had  less  of  bold 
daring  and  hardihood ;  but  more  talent  for  intrigue  and 
concealment.  His  trial  was  before  the  Circuit  Court  of  the 
United  States,  Chief  Justice  Marshall  presiding.  It  contin- 
ued several  weeks ;  and  the  Court  exhibited  great  impar- 
tiality, as  well  as  legal  ability.* 

It  is  declared  in  the  Constitution,  '.'  that  the  importation 
of  such  persons  as  any  of  the  States  then  existing  might 
think  proper  to  admit,  should  not  be  prohibited  by  Congress 
prior  to  the  year  eighteen  hundred  and  eight."  This 
declaration  or  provision  had  reference  to  the  importation  of 
slaves  from  foreign  States  and  countries ;  so  that  there  could 
justly  be  no  act  on  the  subject  to  take  effect  before  that 
period.  In  March,  1807,  a  law  was  passed  to  prevent  such 
importation  after  the  first  day  of  January,  1808.  There 
was  no  formidable  opposition  made  to  the  passage  of  the 
law ;  for  it  had  generally  been  supposed,  that  after  the  period 
limited  as  above  mentioned,  such  prohibition  would  be  im- 
posed on  the  introduction  of  slaves  from  foreign  countries. 
But  a  question  has  since  been  made,  as  to  the  precise  mean- 
ing of  the  term  migration,  which  is  also  used  in  the  Consti- 
tution; and  restricted  in  the  same  manner  as  that  of 
importation.  It  has  sometimes  been  contended,  that  Con- 
gress had  power  to  prohibit  the  migration  of  slaves  from 
one  State,  which  allows  of  their  residence,  into  a  State 
which  does  not  permit  of  slavery,  so  as  to  be  there  subject 
to  the  treatment  of  slaves  by  their  owners ;  and  as  they 
might  legally  be  in  the  former  State.  The  subject  has  been 
already  often  pressed ;  and  a  great  and  alarming  excite- 

*President  Jefferson  and  his  friends  were  not  satisfied  with  the  conduct  or 
decision  of  the  Court. 


1807]  JEFFERSON.  145 

ment  produced ;  good  policy  seems  to  require  more  moder- 
ation and  forbearance  in  future. 

An  Act  was  passed  about  this  time,  which  assumed  a 
principle,  or  power  in  the  national  government,  the  consti- 
tutionality of  which  has  been  frequently  since  denied  or 
questioned.  This  is  the  subject  of  internal  improvements  ; 
and  it  has  often  been  denied  that  Congress  had  a  constitu- 
tional right  to  expend  the  public  monies  for  such  a  purpose. 
Some  have  denied  such  a  right  in  all  cases ;  others  have 
admitted,  that  on  great  works  of  a  national  character  and 
for  the  benefit  of  all  the  States,  and  especially,  when  re- 
lating to  defence,  expenditures  might  justly  be  incurred  ; 
while  a  few  have  doubted  the  right  in  all  cases.  The 
prevailing  opinion  seems  to  have  been,  that  works,  not  con- 
fined in  their  advantages  to  a  single  State,  but  of  general 
utility  and  adding  to  the  general  improvement  and  prosperity 
of  the  Union,  may  justly  be  undertaken  at  the  expense  of 
the  national  treasury.  And  the  question  usually  has  been, 
whether  a  plan,  or  a  work  projected,  was  of  that  nature. 
Canals  near  the  sea,  to  facilitate  the  means  of  conveyance 
from  one  part  of  the  Union  to  another,  in  time  of  war,  are 
evidently  important  in  a  national  view.  The  Act  of  Con- 
gress at  this  time  was  for  the  survey,  and  preparing  for 
travel,  a  public  road  from  the  north  bank  in  the  Potomac,  to 
the  river  Ohio,  near  Wheeling ;  with  a  view  to  facilitate 
the  intercourse  between  the  country  on  and  near  the  At- 
lantic, and  the  settlements  in  the  valley  of  the  Mississippi, 
and  the  northwestern  territory.  It  was  chiefly  in  the 
State  of  Virginia ;  but  it  would  not  be  for  the  exclusive 
benefit  of  the  people  of  that  State,  but  for  those  of  the  other 
States  on  the  Atlantic,  and  for  those  in  the  western  parts  of 
the  Union :  and  would  also  render  the  public  lands  in  the 
northwest  far  more  valuable.  The  political  friends  of  the 
administration  which  approved  of  the  measure,  have  gen- 
erally, in  all  cases  of  a  similar  nature  since,  opposed  the 
right  of  making  appropriations  for  internal  improvements. 
The  road  has  proved  to  be  of  great  public  benefit  to  a  large 
portion  of  the  Union ;  but  the  sum  first  voted  was  not  the 
one  hundredth  part  of  the  amount  afterwards  granted  to 
finish  and  repair  the  road. 

In  1807,  Congress  also  made  a  law,  for  the  punishment 
of  all  frauds,  which  should  be  committed  on  the  National 
Bank.  The  penalty  was  not  death,  which,  in  European 
governments  is  inflicted  for  such  a  crime  ;  but  it  was  very 
severe,  rendering  the  persons  convicted  liable  to  several 
years  imprisonment,  and  to  a  heavy  fine.  This  was  not 
19 


146  FEDERAL  GOVERNMENT.  [1807 

a  party  question.  It  was  approved  by  all  classes  of  citi- 
zens, and  considered  necessary  for  the  security  of  individ- 
uals and  the  government. 

Negotiations  had  now  been  pursued  for  some  time,  for 
forming  a  treaty  between  the  United  States  and  Eng- 
land, on  the  subject  of  neutral  rights,  which  the  British 
government  was  charged  with  having  violated ;  particu- 
larly in  the  seizure  of  American  vessels  trading  to  any 
country  with  which  it  was  at  war ;  and  in  taking  men  by 
force  from  vessels  of  the  United  States,  under  the  pretence 
of  their  being  British  subjects.  These  questions  had  long- 
been  agitated,  and  the  claims  set  up  by  Great  Britain  were 
highly  injurious  to  the  commercial  interests  of  the  United 
States.  Two  Envoys  were  sent  to  London  in  1806,  to  en- 
ter into  negotiations  relating  to  these  important  points. 
After  much  discussion  and  delay,  a  treaty  was  signed  by 
the  American  and  British  ministers,  and  forwarded  to  the 
President  early  in  1807.  But  as  there  was  no  definite  and 
explicit  agreement,  on  the  part  of  the  British,  to  relinquish 
their  claim  of  taking  their  own  seamen  wherever  they 
might  find  them ;  which  the  American  Envoys  had  been 
instructed  not  to  recognize,  especially  as  to  public  vessels ; 
and  as  an  article  was  appended  to  the  treaty  after  signing, 
by  which  the  British  government  might  require  of  the 
United  States — in  case  of  an  invasion  or  blockage  of  Eng- 
land by  the  French,  which  was  then  threatened — a  varia- 
tion from  the  stipulations  of  the  treaty,  favorable  to  Great 
Britain,*  the  President  chose  not  to  submit  it  to  the  Sen- 
ate. The  additional  article,  however,  it  was  said  might  be 
rejected  or  declined,  without  danger  to  the  other  parts  of 
the  treaty,  which  had  been  deliberately  adopted  by  the 
ministers  of  both  nations.  And  it  was  therefore  believed 
that  circumstances  would  not  justify  a  rejection  of  the 
whole  treaty.  The  article  respecting  the  impressment  of 
seamen,  was  modified  and  rendered  less  objectionable,  by 
an  agreement  that  the  British  ships  of  war  should  be  for- 
bidden to  take  any  men  except  English  subjects ;  and  to 
do  this  not  by  violence  or  in  such  manner  as  to  give  of- 
fence. But  the  President  considered  the  additional  article, 
to  which  he  would  not  in  any  sense  assent,  as  furnishing 
an  objection  to  the  treaty  itself;  and  he  was  also  dissatis- 

*  The  article  required,  that  the  American  government  should  adopt  the 
same  rule  towards  one  belligerent,  {England)  as  it  had  towards  the  other, 
(France.)  Or,  in  other  words,  the  British  ministers  reserved  the  right  of 
refusing  to  ratify  the  treaty,  if  France  did  not  abandon  its  (unjust)  pretensions; 
or  should  the  United  States  submit  to  them. 


1807]  JEFFERSON.  147 

lied  with  the  conduct  of  his  ministers,  in  consenting  to  a 
treaty,  which  did  not  hind  the  British  to  relinquish  entirely 
their  claim  to  search  American  vessels  for  their  seamen. 
The  abuses  to  which  this  claim  gave  occasion  were  nu- 
merous, and  highly  injurious,  as  well  to  merchant  vessels 
as  to  public  ships.  For  with  the  pretence  of  their  being 
native  British  subjects  on  board  of  American  vessels,  they 
were  all  liable  to  be  detained,  and  searched,  and  citizens 
of  the  United  States  taken  from  them  and  forced  into  the 
service  of  England. 

It  was  insisted  by  a  portion  of  the  people,  that  the  Pres- 
ident ought  to  have  laid  the  treaty  before  the  Senate ;  and 
if  they  approved,  to  adopt  it,  as  it  was,  or  to  propose  some 
modification  of  it,  as  was  done  in  the  case  of  the  treaty 
made  with  France  in  1801.  The  American  envoys  had 
signed  the  treaty,  and  they  were  the  political  friends  of  the 
President ;  and  it  was  believed  one  more  favorable  to  the 
United  States  could  not  be  obtained;  and  that  it  was  to  be 
preferred  to  open  war,  or  entire  non-intercourse  with  Great 
Britain,  for  which  some  then  contended  as  the  best  policy. 
A  rejection  of  the  treaty,  it  was  feared,  might  lead  to  im- 
mediate hostilities;  and  a  system  of  non-intercourse  would 
greatly  diminish  American  commerce  and  navigation,  and 
also  provoke  Great  Britain  to  retaliate  by  increased  depre- 
dations, under  color  of  exercising  her  belligerent  rights, 
as  necessary  to  her  own  safety  against  the  novel  policy  of 
France,  her  powerful  rival  and  enemy. 

Another  portion  of  the  citizens  fully  justified  the  Presi- 
dent in  his  conduct  on  this  occasion.  They  insisted  that 
the  advice  of  the  Senate  could  not  bind  him,  and  ought  not 
to  prevail  against  his  opinion.  That  it  was  a  matter  of 
discretion  and  prerogative  with  him  to  submit  it  to  the  Sen- 
ate or  not;  and  that  if  in  great  doubt  himself,  he  might  lay 
the  subject  before  that  body,  and  if  they  advised  to  its 
adoption,  to  give  it  his  consent,  and  place  the  responsibility 
on  them.  This  might  have  been  the  most  prudent  course  ; 
but  if  he  was  decidedly  opposed  to  the  treaty,  as  injurious 
and  dishonorable,  he  ought,  as  chief  magistrate,  to  have  the 
power  to  withhold  it.  The  adoption  of  the  treaty,  without 
the  additional  note  or  article,  would  have  been  more  con- 
sistent with  good  policy,  in  a  neutral  government,  as  that 
of  the  United  States  then  was ;  and  would  have  manifested 
a  sincere  desire  to  conciliate  Great  Britain,  whose  good  will 
towards  America  was  highly  important.  The  rejection  or 
suspension  of  the  treaty  with  England  had  an  unfavorable 
influence  with  the  British  government  and  their  naval  com- 


148  FEDERAL  GOVERNMENT.  [1807 

manders.  They  thought  they  saw  in  it  an  unwillingness 
on  the  part  of  the  President  to  conciliate  that  nation,  or  to 
preserve  friendly  relations  between  the  two  countries.  They 
had  long  complained  of  partiality  in  the  American  govern- 
ment for  France,  and  a  readiness  to  submit  to  commercial 
obstructions  and  interruptions  from  the  latter,  which  it  de- 
nounced as  unjust  in  the  former.  They  had  also  some  rea- 
son, perhaps,  to  complain  of  American  commanders  shipping 
British  subjects,  with  a  full  knowledge  or  a  suspicion  of 
their  being  such.  Had  the  British  commanders  gone  no 
farther  than  to  take  the  subjects  of  the  king  of  England 
from  merchant  vessels  lying  in  harbors,  the  practice  might 
have  been  tolerated,  rather  than  to  risk  hostilities  with  that 
nation,  to  the  great  injury  of  the  American  navigation. — 
But  to  allow  the  public  ships  of  the  United  States  to  be 
searched,  could  not  justly  be  expected  of  an  independent 
nation.  Nor  were  the  people  willing  to  submit  to  the  great 
inconvenience  of  having  even  merchant  vessels  detained 
and  searched  on  the  high  seas.  The  British  minister  at 
Washington  asserted  that  French  armed  ships  had  forcibly 
taken  men  from  American  vessels,  on  the  belief  or  pretences  of 
their  being  natural  subjects  of  France ;  and  that  no  great  com- 
plaint or  excitement  followed  on  such  occurrence.  And  it 
was  also  expressly  offered,  by  the  British  government,  when 
it  asserted  a  right  to  take  their  own  subjects,  where  ever 
found,  after  requesting  their  surrender  of  the  commander  of 
the  vessel  to  which  they  then  belonged,  that  their  ships  of 
war  should  give  up  any  American  citizens  on  board,  on  re- 
quest and  proof  that  they  were  such.  One  point  of  dispute 
on  this  subject  was,  that  native  British  subjects,  being  nat- 
uralized by  the  laws  of  the  United  States,  were  considered 
Americans  by  the  federal  government,  as  fully  as  if  they 
had  been  born  within  the  United  States  ;  while  the  doctrine 
of  the  English  administration  was,  and  long  had  been,  that 
its  native  citizens  could  not  expatriate  themselves,  so  as  not 
to  be  obliged  to  serve  in  defence  of  their  own  country.  And 
the  time  was  one  of  great  danger  to  England,  when  it  was 
threatened  with  invasion  by  a  powerful  neighboring  nation, 
and  its  ancient  maritime  rights  and  claims  expressly  im- 
pugned. 

While  negotiations  were  pending  in  England,  between 
that  government  and  the  United  States,  on  the  subject  of 
impressing  seamen,  by  the  British  commanders,  from  Amer- 
ican vessels,  an  unhappy  and  unexpected  event  occurred 
which  excited  direct  and  uncommon  attention  to  this  vexed 
question,  and  produced  strong  feelings  of  indignation  in  the 


1807]  JEFFERSON.  149 

people  throughout  the  Union.  The  Chesapeake,  an  Ameri- 
can frigate  of  forty-four  guns,  sailed  from  the  port  of  Norfolk 
under  Captain  Barron  ;  a  few  hours  after  leaving  the  harbor 
was  hailed  by  an  English  frigate  of  about  the  same  size 
and  number  of  guns — and  a  boat  sent  with  an  officer  and 
several  men  to  the  Chesapeake,  demanding  or  requesting 
that  three  of  the  crew  might  be  delivered  them  by  Captain 
Barron,  as  they  were  native  British  subjects,  and  declared 
also  to  have  deserted  from  a  British  ship  of  war  lying  in  or 
near  the  harbor  of  Norfolk.  Captain  Barron  said  he  had  no  men 
on  board  of  that  description,  and  that  they  were  all,  as  he 
felt  assured,  Americans — adding  that  his  men  could  not  be 
mustered  but  by  his  own  order,  and  he  should  not  permit  any 
search  to  be  made.  On  the  return  of  the  boat  to  the  British 
frigate,  she  proceeded  with  all  possible  dispatch  towards  the 
Chesapeake;  and  when  sufficiently  near,  fired  a  gun;  but 
it  was  not  regarded  by  Captain  Barron  ;  at  least  no  return 
of  shot  was  given.  He  was  in  suspense,  as  to  the  mean- 
ing and  object  of  the  British  commander ;  his  men  were 
also  employed  in  clearing  the  deck  and  stowing  away  arti- 
cles on  deck,  having  but  a  few  hours  before  put  to  sea.  A 
full  broadside  was  then  poured  into  the  Chesapeake  by  the 
British  frigate,  which  did  great  damage  to  the  hull  and  spars 
and  rigging  of  the  frigate  ;  and  killed  and  wounded  several 
men.  Captain  Barron,  considering  his  ship  not  prepared 
for  battle,  nor  decided,  perhaps,  what  course  it  was  his  duty 
to  pursue,  in  such  an  unexpected  emergency,  concluded  to 
make  no  resistance,  and  surrendered  his  ship  as  a  prize  to 
the  British  frigate.  The  British  captain  then  again  sent 
his  boat  with  an  officer  and  men  and  took  the  three  men — 
whom  he  alleged  to  be  British  subjects,  and  deserters,  a  short 
time  before,  from  a  British  public  ship  of  war — but  declined 
to  keep  possession  of  the  Chesapeake,  which  returned  to 
Norfolk  in  a  shattered  condition. 

This  was  considered  a  great  outrage,  even  if  the  facts 
were  as  stated  by  the  British  commander ;  and  was  a 
proper  subject  for  negotiation  to  provide  a  remedy  for  such 
evils.  But  the  British  officer  asserted,  that  it  was  known 
before  the  Chesapeake  sailed,  that  she  had  British  seamen 
on  board,  who  were  deserters ;  and  that  on  proper  applica- 
tion, they  were  refused  to  be  given  up  when  demanded. 
Captain  Barron  declared  he  had  enlisted  no  such  men  for 
his  ship,  and  was  ignorant  that  any  of  that  description  had 
been  enlisted  by  others,  or  was  on  board  his  vessel.  The 
attack  of  the  British  was  certainly  unjustifiable  ;  and  yet  it 
was  generally  believed  that  due  care  had  not  been  given  to 


150  FEDERAL  GOVERNMENT.  [1807 

avoid  receiving  British  seamen  on  board  American  vessels  ; 
and  particularly  in  the  case  of  the  Chesapeake  at  the  time. 
The  British  government  disavowed  the  act,  when  it  re- 
ceived intelligence  of  it;  and  no  orders  justifying  such 
conduct  had  been  explicitly  given.  And  yet  the  king  and 
his  ministers  had  long  contended  for  the  principle,  which 
seemed  to  lead  to  such  a  result.  For  they  claimed  a  right 
to  take  their  own  native  subjects  at  all  times  and  in  all 
places.  But  they  also  declared  a  disposition  to  guard  against 
the  abuses  of  the  practice,  by  forbidding  their  naval  com- 
manders to  take  any  by  force,  not  fully  known  or  proved  to 
be  Englishmen;  and  they  were  willing  to  forbear  the  exer- 
cise of  the  right  which  they  claimed,  so  far  as  not  to  search, 
by  force,  a  public  ship  of  the  United  States  ;  but  only  to 
demand  the  surrender  of  the  men  claimed  ;  and  to  represent 
the  case,  when  referred,  to  their  government.  And,  at  the 
same  time,  were  ready  to  stipulate  that  their  own  vessels 
might  be  searched,  when  in  harbors,  by  American  com- 
manders, for  citizens  of  the  United  States.  This  was  the 
greatest  difficulty  which  occurred  in  the  negotiations 
pursued  during  that  year,  between  the  federal  government 
and  the  British  administration.  Another  subject,  attended 
with  great  difficulty,  was  that  of  the  rights  of  neutrals  ; 
which  most  acknowledged  had  been  often  disregarded  and 
violated,  both  by  England  and  France,  during  the  war  of 
several  years  then  existing.  Each  government,  in  its  turn, 
had  repeatedly  issued  orders,  operating  to  the  interruption 
and  injury  of  American  commerce;  by  assuming  new  prin- 
ciples, or  extending  former  usage,  in  blockades  :  forbidding 
a  neutral  vessel  to  enter  the  port  of  its  enemy,  even  with 
provisions  and  goods  not  usually  considered  contraband. 
And  a  whole  country  was  declared  in  a  state  of  blockade, 
when  only  one  or  two  armed  vessels  were  to  be  found  on  a 
very  long  coast. 

A  meeting  of  Congress  was  summoned  by  the  President 
in  October,  1807,  several  weeks  earlier  than  the  usual  time 
of  the  fall  session ;  and  a  reference  to  his  public  message 
communicated  on  that  occasion,  will,  in  a  good  measure, 
show  the  great  subjects  then  demanding  the  consideration 
of  the  national  legislature,  as  well  as  his  own  views  of  the 
most  important  events  which  had  occurred  after  their  pre- 
vious meeting. 

"  The  many  injuries  and  depredations  committed  on  our 
commerce  and  navigation  on  the  high  seas,  for  years  past, 
the  successive  innovations  on  those  principles  of  public  law, 
which  have  been  established  by  the  reason  and  usage  of 


1807]  JEFFERSON.  151 

nations,  as  the  rule  of  their  intercourse,  and  the  umpire  and 
security  of  their  rights  and  peace,  and  all  the  circumstances 
which  induced  the  extraordinary  mission  to  England,  are 
already  known  to  you.  The  instructions  given  to  our  min- 
isters were  framed  in  the  sincerest  spirit  of  amity  and  mod- 
eration. They  proposed  arrangements  which  might  embrace 
and  settle  all  the  points  in  difference  between  us,  which 
might  bring  us  to  a  mutual  understanding  on  our  neu- 
tral and  national  rights,  and  provide  for  a  commercial 
intercourse  on  conditions  of  equality.  After  long  and  fruit- 
less endeavors  to  effect  the  purpose  of  their  mission,  they 
concluded  to  sign  such  a  treaty  as  could  be  obtained,  and 
to  send  it  for  consideration ;  candidly  declaring  to  the  other 
negotiators  that  they  were  acting  against  their  instructions ; 
and  that  their  government  therefore  could  not  be  pledged 
for  its  ratification. 

"  Some  of  the  articles  proposed  might  have  been  admitted 
on  a  principle  of  compromise;  but  others  were  too  highly 
disadvantageous,  and  no  sufficient  provision  was  made 
against  the  principal  source  of  the  irritations  and  collisions 
which  were  constantly  endangering  the  peace  of  the  two 
nations.  The  question,  therefore,  whether  a  treaty  should 
be  accepted  in  that  form,  could  have  admitted  but  of  one 
decision,  even  had  no  declaration  of  the  other  party  impaired 
our  confidence  in  it.  Still  anxious  not  to  close  the  door 
against  friendly  adjustment,  new  modifications  were  framed, 
and  further  concessions  authorized,  than  could  before  have 
been  supposed  necessary  ;  and  our  ministers  were  instructed 
to  resume  their  negotiations  on  those  grounds. 

"  On  this  new  reference  to  amicable  discussion,  we  were 
reposing  in  confidence,  when,  on  the  22d  of  June  last,  by  a 
formal  order  from  a  British  admiral,  the  frigate  Chesapeake, 
leaving  her  port  for  a  distant  service,  was  attacked  by  one 
of  those  vessels,  which  had  been  lying  in  our  harbors,  under 
the  indigencies  of  hospitality,  was  disabled  from  proceed- 
ing, had  several  of  her  crew  killed,  and  four  taken  away. 
On  this  outrage  no  commentaries  are  necessary.  Its  charac- 
ter has  been  pronounced,  by  the  indignant  voice  of  our  cit- 
izens, with  an  emphasis  and  unanimity  never  exceeded. 
I  immediately,  by  proclamation,  interdicted  our  harbors  and 
waters  to  all  British  armed  vessels ;  forbade  intercourse 
with  them  ;  and,  uncertain  how  far  hostilities  were  intended, 
the  town  of  Norfolk  indeed  being  threatened  with  immedi- 
ate attack,  a  sufficient  force  was  ordered  for  the  protection 
of  that  place ;  and  such  other  preparations  commenced  and 


152  FEDERAL  GOVERNMENT.  [1807 

pursued  as  the  prospect  rendered  proper.  An  armed  vessel 
of  the  United  States  was  dispatched,  with  instructions  to 
our  ministers  at  London,  to  call  on  that  government  for  the 
satisfaction  and  security  required  by  the  outrage.  A 
short  interval  ought  now  to  bring  an  answer;  which  shall 
be  communicated  to  you  as  soon  as  received :  then  also,  or 
as  soon  after  as  the  public  interests  shall  be  found  to  admit, 
the  unratified  treaty  and  proceedings  relative  to  it,  shall  be 
made  known  to  you. 

"  The  aggression  thus  begun,  has  been  continued,  on  the 
part  of  the  British  commanders,  by  remaining  within  our  wa- 
ters, in  defiance  of  the  authority  of  the  country,  by  habit- 
ual violations  of  its  jurisdiction,  and  at  length  by  putting 
to  death  one  of  the  persons  whom  they  had  forcibly  taken 
from  the  Chesapeake.  These  aggressions  necessarily  led 
to  the  policy,  either  for  never  admitting  an  armed  vessel 
into  our  harbors,  or  of  maintaining,  in  every  harbor  such 
an  armed  force  as  may  constrain  obedience  to  the  laws, 
and  protect  the  lives  and  property  of  our  citizens  against 
their  armed  guests.  But  the  expense  of  such  a  standing 
force,  and  its  inconsistence  with  our  principles,  dispense 
with  those  courtesies  which  would  necessarily  call  for  it; 
and  leave  us  equally  free  to  exclude  the  navy,  as  we  do 
the  army  of  a  foreign  power  from  entering  our  limits. 

"  To  former  violations  of  maritime  rights,  another  is 
now  added  of  very  extensive  effect.  The  government  of 
that  nation  has  issued  an  order  interdicting  all  trade,  by 
neutrals,  between  ports  not  in  amity  with  them,  and  being 
now  at  war  with  nearly  every  nation  on  the  Atlantic  and 
Mediterranean  seas,  our  vessels  are  required  to  sacrifice 
their  cargoes  at  the  first  port  they  touch,  or  to  return  home 
without  the  benefit  of  going  to  any  other  market.  Under 
this  new  law  of  the  ocean,  our  trade  on  the  Mediterranean, 
has  been  swept  away  by  seizures  and  condemnations,  and 
that  in  other  seas,  is  threatened  with  the  same  fate, 

"  Our  differences  with  Spain,  remain  still  unsettled,  no 
measures  having  been  taken,  on  her  part,  since  my  last 
communications  to  Congress,  to  bring  them  to  a  close. 
But  under  a  state  of  things,  which  may  favor  reconsider- 
ation, they  have  been  recently  pressed ;  and  an  expecta- 
tion is  entertained  that  they  may  now  be  brought  to  an 
issue  of  some  sort.  With  their  subjects  on  our  borders,  no 
new  collisions  have  taken  place,  nor  seem  immediately  to 
be  apprehended." 

Reference  was  also  made,  in  this  public  message  of  the 
President,  to  the  alleged  conspiracy  of  Aaron  Burr  against 


1807]  JEFFERSON.  153 

the  peace  and  integrity  of  the  Union,  in  the  following 
terms  : — 

"  I  informed  Congress,  at  their  last  session,  of  the  enter- 
prise against  the  public  peace,  which  was  believed  to  be 
in  preparation  by  Aaron  Burr  and  his  associates;  of  the 
measures  taken  to  defeat  them,  and  to  bring  the  offenders 
to  justice.  Their  enterprises  were  happily  defeated  by  the 
patriotic  efforts  of  the  militia,  wherever  called  into  action, 
in  promptly  arranging  the  difficulties  on  the  Sabine  river,  re- 
pairing to  those  arising  on  the  Mississippi,  and  dissipating, 
before  their  explosion,  plots  engendered  there.  I  shall 
think  it  my  duty  to  lay  before  you  the  proceedings  and  the 
evidence  publicly  exhibited,  on  the  arraignment  of  the  prin- 
cipal offenders  before  the  District  Court  of  Virginia  ;  that 
you  may  be  enabled  to  judge,  whether  the  defect  was  in 
the  testimony,  in  the  law,  or  in  the  administration  of  the 
law ;  and  wherever  it  shall  be  found,  the  legislature  alone 
can  apply  or  originate  the  remedy.  The  framers  of  the 
Constitution  certainly  supposed  they  had  guarded,  as  well 
the  government  against  destruction  by  treason,  as  the  citi- 
zens against  oppression,  on  pretence  of  it:  and  if  these 
ends  are  not  attained,  it  is  of  importance  to  inquire,  by 
what  means  they  may  be  more  effectually  guarded."* 

It  was  also  stated  by  the  President  in  his  message,  that 
the  finances  of  the  government  were  in  a  prosperous  con- 
dition ;  four  millions  of  the  public  debt  having  been  paid 
during  the  year  past,  besides  meeting  the  current  expenses 
of  the  civil  list,  and  the  expenditures  for  several  public 
works  authorized  by  Congress  at  the  preceding  session. 
The  general  spirit  and  tone  of  this  message  of  the  Presi- 
dent, and  most  of  the  measures  he  had  adopted  or  recom- 
mended, were  highly  approved  and  commended  through 
the  country.  The  resentment  expressed  of  the  attack  made 
by  one  of  the  British  navy  on  an  American  frigate,  was  no 
greater  than  most  of  the  citizens  felt  on  the  occasion.  And 
his  declining  to  lay  the  treaty  with  England  before  the 
Senate,  with  the  great  objections  which  might  justly  be 
made  to  it ;  especially,  as  it  appeared,  he  had  given  new 
instructions  to  his  ministers,  to  resume  negotiations  and  to 
accede  to  some  modifications  of  the  articles  most  objection- 
able, with  a  view  to  preserve  peace  between  the  two  na- 

*  If  Mr.  Jefferson  was  too  prudent  publicly  to  disapprove  of  the  conduct 
of  Judge  Marshall,  at  the  trial  of  Colonel  Burr  for  treason,  he  fully  expressed 
his  opinion  in  letters  to  his  intimate  friends,  in  which  he  charged  the  chief 
justice  with  partiality  for  Burr,  and  intimated  that  his  decision  was  owing  to 
political  prejudices  against  the  administration. 

20 


154  FEDERAL  GOVERNMENT.  [1807 

tions ;  was  generally  justified  by  the  people.  Complaints 
were,  indeed,  still  made  by  a  portion  of  the  citizens,  that 
the  administration  was  more  sensitive  under  any  violations 
of  neutral  rights,  or  exercise  of  arbitrary  power,  in  im- 
pressments, when  committed  by  British  commanders,  than 
in  similar  cases,  where  the  French  were  the  authors.  It 
was  also  believed  to  be  impolitic  to  insist  on  the  British  re- 
linquishing altogether  the  practice  of  searching  on  board  of 
neutral  ships  for  their  own  seamen,  who  had  deserted  ;  and 
that,  if  open  hostilities  followed  the  non-agreement  on  this 
subject,  great  blame  must  attach  to  the  President  who  re- 
fused to  accept  a  treaty,  without  adjusting  this  point  of 
dispute  to  his  entire  wishes.  This  excluding  all  British 
public  vessels  from  the  harbors  and  waters  of  the  United 
States,  by  proclamation — instead  of  confining  the  exclusion 
to  the  ship,  or  squadron,  by  which  the  attack  was  ordered 
and  made  ;  and  before  the  British  government  had  time  to 
disavow  the  act ;  was  also  deemed  to  be  indicative  of  a  dis- 
position to  widen  the  breach  between  the  two  governments. 

It  was  said,  that  it  would  have  been  more  dignified, 
as  well  as  more  prudent,  to  have  waited  to  learn  what 
explanation  the  British  rulers  would  offer  in  the  unfortu- 
nate occurrence.  The  decrees  of  the  French  government, 
relating  to  neutral  commerce,  by  which  citizens  of  the 
United  States  were  deeply  and  injuriously  affected,  were 
said  also  to  be  equally  a  departure  from,  and  therefore  an 
interpolation  of  the  laws  of  nations,  as  the  orders  of  the 
British  ;  and  that  far  less  remonstrance  had  been  made  by 
the  federal  government  against  the  one  than  against  the 
other.  It  was  also  observed,  that  the  President  should 
have  given  strict  orders  to  the  commanders  of  the  United 
States  vessels,  not  to  harbor  deserters  from  the  British  ser- 
vice, nor  to  enlist  seamen  who  were  known  to  be  native 
subjects  of  that  kingdom.  The  charge  against  the  Presi- 
dent, was  in  substance,  that  there  was  not  that  spirit  of 
real  impartiality  displayed,  which  was  proper  for  the  gov- 
ernment of  a  neutral  nation,  in  the  diplomatic  intercourse 
with  the  two  great  European  belligerents.  The  extent  or 
degree  of  partiality  for  one  nation,  if  it  existed  at  all,  would 
not  be  susceptible  of  accurate  statement  or  description. 

The  occlusion  of  the  ports  and  harbors  of  the  United 
States  against  all  British  ships  of  war,  before  the  conduct 
of  the  English  government  was  known  in  reference  to  the 
recent  attack,  served  to  create  an  obstacle  in  the  way  of  a 
speedy  and  amicable  adjustment  on  that  subject.  For 
though  the  British  ministry  promptly  declared  the  act  un- 


1807]  JEFFERSON.  155 

authorized,  and  appointed  a  special  Envoy  to  the  United 
States  to  make  suitable  explanations,  when  the  proclama- 
tion of  the  President  was  known,  it  produced  an  unfavor- 
able effect ;  and  they  said  no  amends  or  explanations  were 
necessary,  as  the  federal  government  had  punished  the 
improper  act,  by  excluding  the  British  ships  of  war  from 
their  harbors,  without  a  reasonable  suspension  of  a  retali- 
ating measure  for  the  injury  committed.  Whether  this 
plea  for  declining  the  offer  of  an  apology  or  disavowal,  was 
sufficient,  there  were  different  opinions  expressed  ;  and  the 
circumstance  proved  a  fruitful  source  of  diplomatic  corres- 
pondence. 

The  allusion  in  the  message  to  the  trial  of  Aaron  Burr 
and  others,  charged  with  treason  against  the  United  States, 
and  with  a  design  to  divide  the  Union,  was  considered  ex- 
ceptionable by  impartial  jurists,  and  by  the  sincere  friends 
of  the  Constitution ;  as  they  believed  they  saw  in  it  a  dis- 
position to  lessen  the  dignity  and  to  undermine  the  inde- 
pendence of  the  judiciary  department.  The  suggestion  in 
the  message  might  have  been  taken  as  a  recommendation 
to  amend  the  law,  on  the  subject  of  treason,  and  to  make 
it  more  strict  and  severe :  but,  on  a  natural  construction 
the  implication  evidently  was,  that  the  judges  had  not 
done  their  duty,  and  that  their  conduct  was  deserving 
investigation.  The  President  was  known  to  have  ex- 
pressed views  on  other  occasions  unfavorable  to  the  inde- 
pendence of  the  judicial  department  :  and  his  sentiments 
relating  to  the  subject  were  closely  observed ;  perhaps  an 
unfounded  suspicion  was  indulged  as  to  his  real  views  of 
the  correctness  of  the  judges'  conduct.  Great  impartiality 
was  shown  by  them  at  the  trial ;  and  dangerous  and  trea- 
sonable as  the  plans  of  Burr  might  have  been,  he  could  not 
have  been  justly  convicted  without  sufficient  legal  evi- 
dence. The  law  is  too  sacred  to  be  made  to  swerve  from  a 
direct  course  in  times  of  party  excitement,  or  to  favor  the 
wishes  of  those  high  in  power ;  and  should  be  administered 
by  fixed  rules  and  principles,  certain  and  undeviating  as 
the  laws  of  nature. 

The  principles  avowed  and  the  conduct  pursued  both  by 
the  British  and  French  governments,  at  this  period,  were 
so  injurious  to  the  commerce  and  navigation  of  neutrals, 
especially  as  affecting  the  United  States,  that  there  was 
just  reason  for  the  President  and  Congress  to  complain 
against  each  of  these  belligerents ;  and  to  adopt  measures 
of  prevention  or  redress.  Each  of  these  governments  had 
sometime  acted  on  principles,  not  generally  admitted  to  be 


156  FEDERAL  GOVERNMENT.  [1807 

correct  by  neutral  nations ;  or  had  extended  the  application 
of  former  rules,  in  such  cases,  to  an  extreme,  which  went 
to  annihilate  all  neutral  rights,  and  to  render  a  nation,  at 
peace  and  pursuing  its  lawful  commerce,  liable  to  constant 
depredations  and  losses.  Not  only  were  the  vessels  of 
neutral  nations  made  liable  to  seizure  for  attempting  to  en- 
ter a  blockaded  port,  or  for  conveying  articles  commonly 
considered  contraband  in  time  of  war ;  but  a  whole  coun- 
try was  pretended  to  be  in  a  state  of  blockade,  when  no 
vessels  of  war  were  near ;  and  all  provisions  were  declared 
contraband,  as  well  as  munitions  of  war,  and  naval  stores. 
France  and  England  had  alike  offended  against  the  rights 
of  neutrals  in  these  respects.*  And  the  navigation  of  the 
United  States  was  almost  swept  from  the  ocean  by  such 
arbitrary  proceedings  of  the  belligerent  nations  of  Europe. 
There  seemed  to  be  no  prospect  of  safety,  but  in  abandon- 
ing all  commercial  enterprise.  And  some  individuals  in 
the  federal  government,  at  the  time,  and  the  President  and 
Secretary  of  State,  were  supposed  also  to  be  in  favor  of 
such  a  policy ;  and  to  prefer  non-intercourse,  and  embar- 
goes for  a  long  period,  as  the  most  sure  and  effectual  rem- 
edy. But  the  people  of  those  States,  which  were  exten- 
sively engaged  in  commerce,  were  desirous  of  negotiating 
on  the  subject,  in  the  hope  of  preventing  a  state  of  actual 
war,  and  of  maintaining  their  maritime  rights. 

While  the  President  and  his  ministers  adhered  to  their 
demands,  on  the  subject  of  impressments  and  the  commer- 
cial rights  of  neutrals,  and  there  were  no  indications 
that  England  or  France  would  withdraw  their  high  preten- 
sions, or  cease  to  commit  depredations  on  the  citizens  of 
the  United  States,  the  apprehensions  of  war  prevailed  ; 
and  yet  little  was  done  by  government  for  the  defence  of 
the  country.  A  few  more  gunboats  were  ordered  to  be 
built ;  but  these  could  only  afford  very  limited  means  of 

*  The  decree  of  Buonaparte,  dated  at  Berlin,  in  October,  1806,  was  as 
great  an  interpolation  of  the  laws  of  nations,  as  any  order  of  the  British  govern- 
ment, of  which  the  President  had  complained.  It  declared,  "  the  British 
islands  in  a  state  of  blockade,  and  interdicted  all  intercourse  with  them;  and 
all  vessels  from  England,  or  her  ports,  entering  the  ports  of  France,  or  of  her 
allies,  were  forfeited.  And  in  December  following,  another  decree  was  pro- 
mulgated by  the  Emperor,  from  Milan,  declaring  all  neutral  vessels,  which  had 
been  searched  or  visited  by  the  British,  denationalized,  and  made  lawful  prizes; 
and  reiterating  the  former  declaration,  that  the  British  islands  were  to  be 
considered  blockaded  both  by  sea  and  land.  In  November,  1807,  the  British 
orders  of  council  were  issued,  (or  received,)  professedly  in  retaliation  of  the 
French  decrees.  Similar  orders,  however,  though  less  severe  and  injurious, 
had  been  adopted  by  the  British  government. 


1807]  JEFFERSON.  \tf 

defence,  and  that  in  a  few  situations.  The  principal  fear 
was  a  war  with  England,  as  it  would  prove  highly  disas- 
trous to  the  interests  of  the  United  States.  That  govern- 
ment, however,  had  declared  its  purpose  to  guard  against 
abuses  under  their  system  of  searching  neutral  vessels  for 
their  own  subjects :  and  had  promptly  sent  an  Envoy  to 
the  United  States,  to  tender  reparation  for  the  attack  on  the 
Chesapeake.  But  a  new  difficulty  arose  in  the  way  of  a 
speedy  settlement  of  this  unfortunate  event.  The  procla- 
mation of  the  President,  interdicting  the  harbors  of  the 
United  States  to  all  public  British  ships,  and  its  continu- 
ance, after  the  appointment  of  a  special  minister  to  offer 
explanations  for  the  single  act  of  violence  committed,  was 
alleged  as  an  excuse  for  not  giving  such  explanations. 
And  the  arrival  of  an  Envoy  for  a  pacific  purpose,  in  this 
state  of  the  question,  served  to  present  new  obstacles  to  a 
friendly  adjustment,  rather  than  to  ensure  it. 

In  this  state  of  affairs  with  foreign  nations,  and  with  the 
prospect  •  it  suggested,  the  President  was  induced,  in  De- 
cember, 1807,  to  recommend  an  embargo ;  which  was 
immediately  approved  and  ordered  by  Congress.  The 
principal  design  of  the  President,  in  this  measure,  appears 
to  have  been  the  safety  of  American  vessels  and  property  : 
while  he  believed  it  would  operate,  in  some  measure,  as  a 
non-intercourse  with  France  and  England ;  and  thus  in- 
jure those  nations  more,  perhaps,  than  open  hostilities. 
The  measure  was  considered  expedient  by  the  majority  of 
the  people;  while  a  large  portion  believed  it  would  prove 
unavailing  in  its  influence,  to  lead  the  British  ministry  to 
a  disposition  for  a  more  favorable  adjustment  of  the  exist- 
ing dispute  :  and  many  were  wholly  opposed  to  an  em- 
bargo, as  imposed  by  this  Act ;  inasmuch  as  there  was  no 
provision  for  limiting  it  to  a  certain  period.  An  embargo 
had  been  laid  by  the  old  Congress,  early  in  the  war  of  the 
revolution ;  and  again,  in  1794,  under  the  presidency  of 
Washington ;  but  these  were  limited  to  thirty  or  sixty 
days.  But  the  present  Act,  for  this  measure,  was  indefi- 
nite as  to  the  term  of  its  operation  ;  and  it  could  not  be 
withdrawn,  even  by  a  major  vote  of  Congress,  if  the  Presi- 
dent should  not  approve  of  it.  If  it  were  intended  as  a 
measure  of  annoyance  and  injury  to  a  foreign  nation,  it 
was  putting  it  in  the  power  of  the  President  to  make  war ; 
and  if  it  were  designed  chiefly  as  a  means  of  safety,  it  was 
said,  the  merchants  were  the  best  judges,  as  to  the  risk 
and  the  dangers.  A  neutral  position  was  evidently  favor- 
able to  the  interests  of  the  nation ;  and  had  the  design  of 


158  FEDERAL  GOVERNMENT.  [1807 

the  embargo  been  to  prevent  war,  and  to  preserve  the  ben- 
efits of  neutrality  to  the  United  States,  it  would  have  been 
borne  without  complaint.  But  to  withdraw  entirely  from 
the  ocean,  was  not  the  way  to  ensure  prosperity,  nor  to 
gain  the  respect  of  other  nations.  And  there  was  too  much 
reason  to  believe,  that  the  measure  had  been  recommended 
and  adopted,  at  the  secret  instance  of  the  French  Emperor, 
who  sought  to  destroy  or  to  limit  the  commercial  business 
of  his  rival,  Great  Britain ;  and  who  insisted  on  the  co- 
operation of  the  United  States,  directly,  or  indirectly,  in  his 
plans  to  subjugate  his  natural  and  powerful  enemy. 

The  papers  communicated  to  Congress,  when  the  em- 
bargo was  recommended,  did  not  prove  the  measure  to  be 
necessary ;  and  those  kept  back,  as  it  was  at  the  time  sup- 
posed some  were,  and  afterwards  was  admitted  to  be  a 
fact,  only  confirmed  the  belief,  that  it  was  at  the  desire  or 
with  the  approbation  of  the  Emperor  of  France,  that  the 
embargo  Act  was  then  adopted.  The  letters  of  the  Amer- 
ican Envoys  in  Paris,  afterwards  published,  stated  various 
conversations  and  facts,  which  showed  that  the  Emperor 
expected  an  embargo  would  be  laid  by  the  American  gov- 
ernment, and  that  it  would  meet  his  approbation  ;  though 
he  might  have  been  better  pleased  if  the  United  States  had 
declared  war  against  England.* 

The  conduct  both  of  England  and  France,  at  this  time, 
as  it  had  been  for  two  years  previously,  was  very  injuri- 
ous to  American  commerce ;  for  most  of  the  vessels  of  the 
United  States,  bound  to  either  of  those  countries,  were  seized 
by  armed  ships  of  the  other  nation.  And  the  dangers  to 
navigation  were  great  and  extensive  :  But  it  was  the  opin- 
ion of  men  entitled  to  respect  and  confidence  for  their  good 

*  The  Emperor  had  said,  there  should  be  no  neutrals:  that  the  United 
States  should  be  decided  friends,  or  he  must  treat  them  as  enemies.  And  he 
predicted  in  October,  that  an  embargo  would  be  laid  in  America;  which  was 
imposed  by  Congress,  in  December  after.  The  President  used  the  follow- 
ing language  in  a  confidential  letter  to  his  minister  in  Paris,  October,  1808, 
"  Buonaparte  does  not  wish  us  to  go  to  war  with  England;  knowing  we  have 
not  ships  sufficient  to  carry  on  such  a  war.  And  to  submit  to  pay  England  the 
tribute  on  our  commerce,  which  she  demands  by  her  orders  in  council,  would 
be  to  aid  her  in  the  war  against  France,  and  would  give  the  Emperor  just 
ground  to  declare  war  on  us."  The  spirit  of  the  Emperor  was  so  assuming 
and  despotic,  at  this  period,  that  he  is  reported  to  have  said — "  The  Americans 
ought  to  tear  up  their  Act  of  Independence,  and  to  become  again,  as  before 
their  Revolution,  the  subjects  of  England;  or  to  take  such  measures  as  that 
their  commerce  should  not  be  tariffied  (taxed)  by  the  English."  And  this 
language  he  used,  because  the  United  States  would  not  declare  war  against 
England,  as  he  desired;  but  was  disposed  to  settle  difficulties  with  that  nation 
by  negotiations  and  a  treaty. 


1807]  JEFFERSON.  159 

judgment,  that  negotiations  conducted  in  a  proper  spirit, 
would  have  prevented  the  difficulties  and  evils  which  oc- 
curred to  the  United  States ;  and  that  more  decision  and 
firmness  would  have  prevented  war  and  preserved  com- 
mercial prosperity.  In  France,  the  American  Envoys 
spoke  with  far  more  independence  and  propriety,  than  their 
instructions  from  the  President  could  have  inspired ;  and 
they  even  expressed  surprise  that  some  resentment  was 
not  manifested  by  the  federal  administration.  They  could 
not  believe,  that  the  terms  dictated  by  the  Emperor  would 
be  received  with  so  much  readiness  by  the  chief  magistrate 
of  a  great  republic.  And  the  American  ministers  in  Eng- 
land expressly  declared,  that  a  treaty  might  have  been 
made  with  that  government,  which  if  not  in  all  respects 
such  as  was  desired,  might  be  accepted,  without  injury  or 
dishonor  to  the  United  States.  But  the  President  expressed 
an  opinion  in  favor  of  an  embargo ;  and  his  wishes  were 
then  a  law  to  the  majority  of  Congress.  What  were  his 
secret  views  can  only  be  matter  of  conjecture,  from  the 
events  of  the  time.  He,  however,  declared  it  to  be  a  meas- 
ure of  coercion,  and  not  directly  of  war,  towards  Great 
Britain,  whose  conduct  he  deemed  most  unjust,  while 
many  of  the  people  viewed  the  measures  of  France  equally 
arbitrary  and  improper.  War  has  usually  been  consid- 
ered a  peculiar  measure  of  coercion ;  but  the  President 
made  a  distinction  between  open  and  declared  hostilities, 
and  other  measures  designed  to  compel  the  government  of 
England  to  accede  to  the  terms  proposed  by  the  United 
States. 

The  British  Envoy,  appointed  to  offer  reparation,  or  to 
make  explanation  and  apology,  for  the  attack  on  the  Ches- 
apeake, arrived  at  Washington,  in  December;  and  soon 
after  the  embargo  Act  had  been  adopted  by  Congress.  He 
had  been  sometime  expected ;  and  the  object  of  his  mission 
was  well  understood.  Whether  the  embargo  was  hastened, 
with  an  expectation  that  he  might  offer  to  make  reparation 
or  apology  for  that  injury,  of  which  prudence  would  re- 
quire the  acceptance,  could  not  be  fully  decided.  But  such 
an  opinion  was  entertained  by  a  large  portion  of  the  citi- 
zens. And  though  the  President  had  declared  his  desire 
to  avoid  war  with  England,  and  had  made  efforts  at  nego- 
tiation to  prevent  such  a  calamity,  the  various  acts  of  sub- 
mission to  French  usurpation,  and  a  tenacious  adherence 
to  particular  terms  of  peace  with  England,  to  which  it  was 
known,  that  nation  would  not  consent,  gave  strength  to 
-the  belief,  that  he  was  not  very  anxious  to  avoid  hostilities ; 


160  FEDERAL  GOVERNMENT.  [1807 

or  would  prefer  war  with  Great  Britain  to  the  resentment 
of  the  rulers  of  France.  The  ostensible  reason  for  the 
embargo,  however,  was  the  arbitrary  decrees  and  the  inju- 
rious practice  both  of  England  and  France,  and  the  only 
way  for  saving  commercial  property  from  the  grasp  of 
each :  for  it  might  be  said  with  much  truth,  that  those 
two  belligerent  nations  had  been  long  waging  a  maritime 
war  with  the  United  States. 

It  was  expected,  that  a  discussion  would  take  place 
without  delay,  with  the  new  British  Envoy,  respecting  the 
special  object  of  his  mission ;  and  that  it  would  soon  be 
known,  whether  the  explanation  and  reparation  offered 
would  be  accepted,  or  the  dispute  with  England,  on  that 
and  other  subjects,  would  issue  in  open  war.  But  there 
was  an  unaccountable  delay  in  conducting  the  negotiation ; 
and  it  afterwards  appeared,  that  various  obstacles  were  pre- 
sented by  the  President  to  an  early  commencement  of  cor- 
respondence on  this  subject ;  such  as  a  desire  to  hear  again 
from  the  American  Envoy  in  England,  and  the  feeble  health 
of  the  Secretary  of  State,  whom  he  wished  to  conduct  it. 

When  the  correspondence  between  the  Secretary  and 
the  British  Ambassador,  at  the  call  of  the  House  of 
Representatives,  was  published,  sometime  after,  it  ap- 
peared, that  the  special  Envoy  from  England  had  been 
very  urgent  to  adjust  the  affair  of  the  Chesapeake ;  and 
had  declared  his  authority  to  offer  what  his  government 
considered  an  honorable  reparation,  as  well  as  a  disavowal 
of  the  act ;  with  an  assurance  that  an  agreement  be  made 
not  to  search  the  public  armed  vessels  of  the  United  States 
for  their  seamen.  And  he  also  made  it  known  to  the  Pres- 
ident and  Secretary  of  State,  at  an  early  day,  that  he  was 
instructed  to  treat  solely  on  this  act,  and  without  reference 
to  any  other  matter  in  dispute  between  the  two  nations. 
But  the  President  saw  fit  to  decline  treating  on  this  single 
subject,  and  to  introduce  several  other  topics  to  be  con- 
nected with  it,  and  settled  at  the  same  time.  The  British 
Envoy  replied,  that  his  instructions  did  not  permit  him  to 
connect  any  other  subject  with  this  case  ;  and  declined  all 
farther  correspondence,  except  a  general  reference  to  former 
difficulties,  in  answer  to  a  long  note  of  Mr.  Madison,  the 
Secretary  of  State,  in  order  to  show,  that  in  his  opinion 
those  difficulties  might  be  easily  removed,  if  there  was  a 
sincere  desire  to  remove  or  adjust  them,  and  that  his  gov- 
ernment did  not  consider  them  just  causes  of  war.  As  in 
many  other  cases  of  a  public  nature,  and  especially  those 
relating  to  the  conduct  of  the  federal  administration  with 


1807]  JEFFERSON.  101 

respect  to  the  policy  both  of  England  and  France,  at  that 
period,  there  were  different  opinions  expressed,  as  to  the 
propriety  of  the  course  pursued  by  the  President.  And 
perhaps  there  were  too  strong  party  feelings  existing,  to 
secure  or  call  forth  an  expression  of  sentiments  entirely 
impartial  and  just. 

As  there  was  some  provocation  given,  by  enlisting  and 
refusing  to  give  up  British  seamen,  and  even  British  de- 
serters, which  was  the  occasion  and  pretext  for  the  rash 
and  violent  act  of  the  British  commander,  as  it  was  sup- 
posed to  be  unauthorized  by  his  government ;  and  as  the 
British  cabinet  promptly  disavowed  and  regretted  it,  and 
immediately  sent  a  special  ambassador  to  make  an  apology 
and  reparation  for  it,  it  was  the  general  opinion  of  the 
people,  that  the  unhappy  affair  should  be  settled  at  once, 
if  the  explanation  tendered  was  proper,  and  not  be  embar- 
rassed or  delayed  by  a  reference  to  other  subjects.  And 
some  believed,  that  a  wish  to  please  the  Emperor  of  France, 
or  to  avert  his  displeasure,  who  had  said,  "  that  the  Amer- 
ican government  could  not  submit  to  the  British  conduct, 
but  would  declare  war  against  that  nation,"  had  an  influ- 
ence in  leading  to  the  course  pursued  by  the  President. 

The  language  and  conduct  of  the  Emperor,  at  this  period, 
manifested  such  an  interference  with  the  measures  of  the 
United  States,  as  to  justify  the  prevailing  opinion,  that 
great  firmness  was  necessary  in  resisting  his  unjust  claims ; 
and  that,  when  this  was  not  manifested,  there  must  be  an 
improper  fear  of  his  displeasure,  or  an  equally  improper  de- 
sire for  his  favor  and  friendship.  The  course  of  the  admin- 
istration at  this  time  was  not  generally  considered  to  be 
strictly  impartial.  The  letters  received  from  the  American 
Envoys,  both  in  France  and  in  England,  were  long  kept 
from  Congress ;  and  afterwards  only  partially  communi- 
cated ,  and  several  of  these  required  to  be  returned  to  the 
President,  without  being  made  public.  Some  of  those  citi- 
zens who  had  been  the  warm  political  friends  of  the  admin- 
istration, were  dissatisfied  with  this  conduct.  And  when 
the  letters,  permitted  to  be  laid  before  the  people  through 
the  press,  some  months  after,  were  read,  it  appeared,  that 
the  British  government  was  really  desirous  of  maintaining 
peace  with  the  United  States,  and  of  making  some  sacrifices 
to  prevent  a  war ;  while  the  spirit  of  the  French  Emperor 
indicated  little  respect  for  the  government,  and  little  regard 
for  the  interests  of  America ;  especially,  if  his  object  could 
21 


162  FEDERAL  GOVERNMENT.  [1807 

be  obtained,  of  inflicting  the  greater  injury  on  the  commer- 
cial and  naval  power  of  England.* 

The  conduct  of  the  Emperor  was  considered,  by  a  great 
portion  of  the  people,  alike  unjust  and  dishonorable.  De- 
crees of  an  injurious  tendency  to  neutral  commerce,  when 
remonstrated  against  by  the  American  Envoy,  were  de- 
clared not  to  be  in  force  towards  the  citizens  of  the  United 
States ;  and  yet,  in  several  instances,  within  a  year  from 
such  assurances,  they  were  put  in  execution,  even  on  the 
cargoes  of  vessels  driven  into  France  by  stress  of  weather, 
or  wrecked  on  its  coasts.  And  the  allies,  or  the  vassals  of 
France  were  required  by  the  Emperor  to  conduct  in  a  sim- 
ilar manner  towards  American  vessels  and  property.  And 
it  was  justly  deemed  dishonorable  either  to  antedate  a  de- 
cree, or  to  pass  it  in  secret,  and  afterwards  to  claim  the 
benefit  of  having  issued  it  at  an  earlier  period  than  its  pub- 
lication. 

When  the  people  were  possessed  of  these  facts,  they  be- 
came still  more  dissatisfied  with  the  embargo.  Grievous  and 
restrictive  as  the  measure  was,  it  would  have  been  borne  with 
patriotic  patience,  had  it  been  supposed  necessary  to  vindi- 
cate and  preserve  the  rights  of  the  nation ;  but  when  it  was 
believed  it  had  been  adopted  in  conformity  to  the  views  of 
a  foreign  power,  the  complaints  increased;  and  some  of  the 
members  of  Congress,  who  at  first  supported  the  measure, 
on  the  recommendation  of  the  President,  were  desirous  of 
repealing  it.  The  majority,  however,  were  in  favor  of  con- 
tinuing it ;  and  additional  acts  were  soon  after  passed  by 
Congress,  rendering  its  provisions  more  strict  and  more  op- 
pressive. The  coasting  vessels,  and  even  the  fishermen, 
on  or  near  the  coasts,  were  subjected  to  severe  restrictions 
in  their  business,  and  required  to  give  large  bonds,  on 
leaving  a  port,  under  the  pretence  of  their  having  inter-* 
course  with  British  ports  or  vessels.  And  when,  some 
months  after,  as  the  opposition  to  the  embargo  increased, 
the  act  was  suspended,  or  withdrawn  by  the  President,  as 
he  had  been  authorized  by  Congress,  in  April,  1808,  on  the 
repeal  of  the  orders  of  the  belligerents  affecting  neutral 

*  Mr.  Armstrong,  the  American  Envoy  at  the  Court  of  France,  wrote  to 
the  President,  in  January,  1808,  "  That  the  Emperor  considered  war  as  then 
existing  between  the  United  States  and  Great  Britain  ;  and  that  he  considered  it 
as  declared,  on  the  publication  of  the  British  orders  in  council,  of  November, 
1807  ;  which,  though  just  cause  of  complaint  by  the  federal  government,  were 
really  retaliatory  of  the  previous  French  decrees,  and  not  more  arbitrary  and 
dangerous.  No  good  apology  can  be  offered  for  these  orders,  but  it  was  said, 
they  were  less  injurious  to  neutrals,  than  those  issued  by  Cromwell,  1655. 


1807]  JEFFERSON.  163 

commerce,  and  a  system  of  non-intercourse  with  European 
nations  was  adopted,  the  embarrassments  and  hindrances 
to  foreign  trade  were  equally  injurious ;  and  the  dissatis- 
faction with  the  policy  of  the  administration  continued  un- 
abated. Still,  the  majority  of  the  people  expressed  their 
confidence  in  the  wisdom  of  the  President  and  his  cabinet, 
and  believed  their  views  favorable  to  the  liberty  and  inde- 
pendence of  the  nation,  with  a  proper  spirit  of  opposition 
to  the  claims  and  orders  of  Great  Britain,  affecting  the 
maritime  interests  of  the  United  States.  The  policy  already 
adopted  and  pursued  for  two  or  three  years,  was  therefore  con- 
tinued ; — the  conduct  of  both  England  and  France  being  in- 
jurious to  neutral  rights,  and  great  deviations  from  the  law 
of  nations  as  generally  admitted ; — till  it  issued  in  a  war 
with  the  former  nation ;  which  was  prosecuted  till  the  other 
met  with  great  reverses,  and  became  less  formidable  to  neu- 
tral nations.  The  course  of  the  American  government  was 
evidently  surrounded  with  difficulties ;  and  it  was  not  an 
easy  task  to  satisfy  all  parties ;  but  the  opinion  prevailed 
to  a  great  extent,  that,  by  strict  impartiality  and  firmness, 
united  with  a  spirit  of  moderation,  the  difficulties  might 
have  been  prevented,  or  removed  ;  and  war  wholly  averted. 

It  was  often  interrogated,  at  this  period,  what  would 
have  been  the  state  of  the  country,  if  the  policy  which  dic- 
tated a  long  embargo  and  non-importation  and  non-inter- 
course then  pursued,  had  been  adopted  in  1794,  when  equal 
difficulties  existed  with  England.  An  embargo  was,  indeed, 
then  laid  for  a  limited  and  very  short  period ;  not  however  as 
a  measure  of  coercion,  but  of  protection  ;  and  a  non-impor- 
tation was  also  then  proposed,  but  rejected.  And  by  nego- 
tiation, in  a  truly  friendly  spirit,  with  a  character  of  firm- 
ness and  impartiality  in  the  administration,  peace  was  pre- 
served, indemnity  made  for  maritime  wrongs  and  depreda- 
tions ;  and  commercial  prosperity  fully  restored. 

Some  measures  of  defence  were  adopted  during  the  ses- 
sion of  Congress,  which  began  in  October,  1807,  but  not 
till  the  spring  of  1808.  For  the  measure  of  the  embargo, 
with  subsequent  attempts  to  repeal  or  modify  the  act,  and 
additional  laws  to  enforce  it,  long  occupied  the  time  of  the 
national  legislature.  The  President  was  authorized  to 
cause  several  fortifications  on  the  seacoast  to  be  repaired  or 
completed ;  and  to  have  others  erected,  as  he  might  judge 
necessary  for  the  defence  of  the  harbors  and  the  vessels 
therein.  Provision  was  also  made  for  building  and  man- 
ning a  large  number  of  gunboats  for  the  same  purpose. 
Two  years  before,  the  President  was  authorized  to  employ 


164  FEDERAL  GOVERNMENT.  [1807 

gunboats,  and  two  hundred  and  fifty  thousand  dollars  ap- 
propriated for  that  object — an  additional  sum  was  now 
voted  to  increase  these  means  of  protection  and  defence — an 
act  was  also  passed  for  raising  eight  additional  regiments  of 
regular  troops  ;  for  detaching  one  hundred  thousand  of  the 
militia  to  be  apportioned,  by  the  President,  among  the 
several  States  ;  and  for  arming  the  whole  body  of  the  mi- 
litia in  the  United  States.  The  law  of  Congress,  passed  in 
March,  1805,  for  the  preservation  of  peace  in  the  ports  and 
harbors  of -the  United  States,  was,  at  this  session,  ordered 
to  be  continued  for  two  years.  This  act  had  reference  to 
treason,  felony,  or  misdemeanor,  or  breach  of  the  peace, 
within  the  jurisdiction  of  the  United  States,  by  persons  be- 
longing to  foreign  armed  vessels  ;  and  "  in  order  to  prevent 
insults  to  the  authority  of  the  laws,  by  which  the  peace  of 
the  United  States  with  foreign  nations  might  be  endangered, 
the  President  was  empowered  to  interdict,  at  his  pleasure, 
the  entrance  of  the  harbors  and  waters  under  the  jurisdic- 
tion of  the  United  States,  to  all  armed  vessels  belonging  to 
any  foreign  nation,  and  by  force  to  repel  and  remove  them 
from  the  same,  except  when  driven  in  by  the  dangers  of 
the  sea,  or  other  distress." 

The  prosecutions,  on  account  of  the  alleged  treasonable 
plan  of  Aaron  Burr,  had  now  subsided  ;  although  he  and 
some  of  his  associates  were  complained  of  before  a  court  in 
Ohio,  after  his  acquittal  in  Virginia,  by  the  Circuit  Court  of 
the  United  States ;  but  one  of  the  Senators  in  Congress  from 
the  State  of  Ohio,  John  Smith,  was  suspected  of  being 
privy  to,  and  aiding  in  the  project ;  and  a  charge  was 
brought  against  him  in  the  Senate,  with  a  view,  among 
some  of  the  members,  to  his  expulsion  from  his  seat  in  the 
national  legislature.  Smith  had  been  indicted  by  a  grand 
jury  in  Virginia,  in  August,  for  treason,  and  a  misdemean- 
or ;  but  no  conviction  was  had,  and  the  case  was  discon- 
tinued or  postponed.  In  November,  1807,  a  committee  of 
the  Senate  was  appointed,  composed  of  seven  members, 
to  consider  "  whether  it  were  compatible  with  the  honor  and 
privileges  of  that  body,  that  he  should  be  permitted  any 
longer  to  hold  his  seat  as  a  Senator."  A  report  was  made 
the  last  of  December,  and  a  resolution  offered  by  the  com- 
mittee, declaring,  "  that,  by  his  participation  in  the  conspi- 
racy of  Aaron  Burr,  Mr.  Smith  was  guilty  of  conduct  in- 
compatible with  his  duty  and  station  as  a  Senator  of  the 
United  States ;  and  that  he  be,  therefore,  expelled  from  the 
Senate."  At  his  request,  Smith  was  heard  in  his  defence, 
by  council  before  the  Senate  ;  but  it  was  made  a  question, 


1808]  JEFFERSON.  165 

whether  strictly  legal  proof  were  necessary  to  convict  him; 
or  whether  the  Senate  might  exercise  their  discretion  in 
the  case,  and  require  only  satisfactory  evidence  of  his  con- 
cern in  the  conspiracy.  Near  the  close  of  the  session,  and 
after  many  days  being  occupied  on  the  subject,  a  majority 
of  the  Senate  voted,  that  Mr.  Smith  be  expelled ;  but  there 
were  not  two  thirds  in  favor  of  the  resolution,  the  constitu- 
tional majority  required  in  such  cases,  and  he  retained  his 
seat. 

The  embargo  laid  in  December,  1S07,  was  continued  for 
nearly  fifteen  months ;  and  caused  great  complaint  and 
suffering,  especially  with  those  concerned  in  navigation,  or 
living  near  the  seacoast.  In  November,  1808,  as  well  as  at 
an  earlier  day,  a  formal  motion  was  made  in  the  Senate,  to 
repeal  the  embargo  act.  The  motion  was  offered  by  Mr. 
Hillhouse  of  Connecticut ;  and  by  him  and  others,  the  evils 
of  the  measure  were  fully  pointed  out,  as  well  as  its  inef- 
ficiency to  coerce  the  British  government  to  abandon  its 
maritime  rights,  or  to  adjust  the  disputes  between  the  two 
countries,  on  the  terms  urged  by  the  federal  Executive. 
Mr.  Lloyd  of  Massachusetts  supported  the  motion  for  a 
repeal  of  the  embargo,  with  great  intelligence  and   ability. 

Mr.  Lloyd  said,  he  considered  the  question  as  important 
as  any  which  had  occurred  since  the  adoption  of  the  Con- 
stitution :  that  it  deeply  implicated,  and  perhaps  would 
determine  the  fate  of  the  commerce  and  navigation  of  the 
country — a  commerce  which  had  afforded  employ  for  nearly 
a  million  and  a  half  tons  of  navigation  ;  which  had  form- 
ed occupation  for  hundreds  of  thousands  of  our  citizens ; 
which  has  spread  wealth  and  prosperity  in  every  region  of 
our  country ;  and  which  had  upheld  the  government,  by 
furnishing  the  revenue  for  its  support.  Surely,  this  is  a 
commerce,  said  Mr.  Lloyd,  not  to  be  trifled  with ;  a  com- 
merce not  lightly  to  be  offered  up  as  the  victim  of  fruitless 
experiment. 

He  admitted  that  our  commerce  had  been  subject  to  great 
vexation  and  plunder  by  the  belligerents  of  Europe. — 
"  There  was  no  doubt,"  he  added,  "  that  both  France  and 
England  had  violated  the  laws  of  nations,  and  immolated 
the  rights  of  neutrality;  but  there  is,  in  my  opinion,  a 
striking  difference  in  the  circumstances  of  the  two  nations ; 
the  one,  being  instigated  by  a  lawless  thirst  for  universal 
dominion,  is  seeking  to  extend  an  iron-handed,  merciless 
despotism  over  every  region  of  the  globe,  while  the  other 
is  fighting  for  her  natale  solum :  for  the  preservation  of  her 
liberties,  and  probably  for  her  very  existence.     The  one 


166  FEDERAL  GOVERNMENT.  [1808 

professes  to  reluct  at  the  inconvenience  she  occasions  us,  by 
the  adoption  of  measures,  which  are  declared  to  be  merely 
measures  of  retaliation  on  her  enemy,  and  which  she  avows 
and  will  retract  as  soon  as  the  causes  which  have  given 
occasion  to  them  are  withdrawn.  The  other,  in  addition 
to  depredation  and  conflagration,  treats  us  with  the  utmost 
contumely  and  disdain  :  she  admits  not  that  we  possess  the 
rights  of  sovereignty  and  independence,  but  undertakes  to 
legislate  for  us,  and  declares,  that  whether  we  are  willing 
or  unwilling,  she  considers  us  as  at  war  with  her  enemy  : 
that  she  has  arrested  our  property,  and  would  hold  it  as 
bail  for  our  obedience,  until  she  knows  whether  we  will 
servilely  echo  submission  to  her  mandates. 

"  There  can  be  no  doubt  that  the  conduct  of  the  belliger- 
ents gave  rise  to  the  embargo.  But  if  this  measure  has 
been  proved,  by  experience,  to  be  inoperative  as  regards 
them,  and  destructive  only  as  it  regards  ourselves,  then  ev- 
ery dictate  of  magnanimity,  of  wisdom  and  of  prudence, 
.should  urge  the  immediate  repeal  of  it."  Mr.  Lloyd 
proceeded  to  show  the  great  and  extensive  injury  pro- 
duced by  the  measure  to  the  commerce  and  navigation  of 
the  United  States,  and  its  impotency  as  a  means  of  an- 
noyance or  of  coercion  to  the  belligerent  powers  of  Europe. 
But  the  eloquence  and  the  arguments  of  the  patriotic  sen- 
ator produced  no  effect,  at  the  time,  on  the  national  coun- 
cils, and  the  embargo  was  continued  several  months  longer. 

In  referring  to  the  embargo,  in  his  message  to  Congress, 
November,  1808,  the  President  used  the  following  language  : 
"  No  event  having  occurred,  (although  propositions  were 
made  both  to  the  French  and  British  governments  for  the 
purpose,)  on  which  a  suspension  of  the  the  embargo  by  the 
executive  was  authorized,  it  remains  in  the  full  extent  ori- 
ginally given  to  it.  We  have  the  satisfaction  however  to 
reflect,  that  in  return  for  the  privations  imposed  by  the 
measure,  and  which  our  fellow-citizens  in  general  have 
borne  with  patriotism,*  it  has  had  the  important  effects  of 
saving  our  mariners  and  our  vast  mercantile  property,  as 
well  as  affording  time  for  prosecuting  the  defensive  and 
provisional  measures,  called  for  by  the  occasion.     It  has 

*  The  people  did  indeed  manifest  their  patriotism  during  an  unlimited  and 
protracted  embargo.  But  their  remonstrances  against  the  measure  were  con- 
stant and  strong.  Some  able  statesmen  deemed  the  measure  unconstitutional  ; 
still  the  people  did  not  openly  resist  or  forcibly  oppose  ;  although  they  did,  in 
many  instances,  evade  it.  And  this  afforded  proof  that  they,  who  had  most 
to  risk  or  to  lose,  were  disposed  to  send  their  vessels  to  sea,  when  they  could 
do  it  with  a  prospect  of  not  being  detected. 


1808]  JEFFERSON.  167 

demonstrated  to  foreign  nations,  the  moderation  and  firm- 
ness which  govern  onr  councils,  and  to  our  citizens  the  ne- 
cessity of  uniting  in  support  of  the  laws  and  the  rights  of 
the  country  ;  and  thus  long  frustrated  those  usurpations  and 
spoliations,  which,  if  resisted,  involved  war ;  if  submitted 
to,  sacrificed  a  vital  principle  of  our  national  indepen- 
dence." 

The  other  topics  referred  to  in  the  President's  message 
at  this  time,  were  the  failure  of  the  negotiations  with  Great 
Britain,  relating  to  the  attack  on  the  frigate  Chesapeake, 
and  to  disputes  of  an  older  date,  concerning  the  rights  of 
neutrals,  the  doctrine  of  blockades,  and  the  British  orders 
of  council,  so  injurious  to  the  navigation  and  commerce  of 
the  United  States.  But  no  new  matter  on  these  subjects 
was  communicated  to  Congress. 

The  condition  of  the  Indians  within  the  United  States, 
was  also  noticed  in  the  message  ;  and  it  was  stated  that  no 
difficulties  or  disputes  of  a  serious  nature  had  then  recently 
occurred.  The  President  informed  Congress  that  he  had 
not  deemed  it  necessary  to  call  for  detachments  of  the  mi- 
litia, as  he  had  been  authorized ;  but  he  expressed  an 
opinion,  that  in  the  following  year  it  might  be  proper  to 
have  them  in  readiness  for  effective  service.  He  had,  how- 
ever, given  orders  for  raising  an  additional  military  force, 
and  had  appointed  as  many  officers  for  that  object  as  ap- 
peared to  be  necessary.  The  seacoast  had  also  been  forti- 
fied in  several  places,  as  Congress  had  authorized,  and  one 
hundred  and  three  gunboats  had  been  built  during  the  year 
1808. 

This  was  the  last  annual  message  of  President  Jefferson 
to  the  national  legislature ;  and  closed  with  the  following 
paragraph : — 

"  Availing  myself  of  this  last  occasion,  which  will  occur, 
of  addressing  the  two  Houses  of  Congress  at  their  meeting, 
I  cannot  omit  the  expression  of  my  sincere  gratitude,  for 
the  repeated  proofs  of  confidence  manifested  to  me  by  them- 
selves and  their  predecessors,  since  my  call  to  the  adminis- 
tration, and  the  many  indulgences  experienced  at  their 
hands :  and  the  same  grateful  acknowledgements  are  due 
to  my  fellow-citizens  generally ;  whose  support  has  been 
my  great  encouragement  under  all  embarrassments.  In  the 
transaction  of  their  business,  I  cannot  have  escaped  error  ; 
it  is  incident  to  our  imperfect  nature.  But  I  may  say,  with 
truth,  my  errors  have  been  of  the  understanding  not  of  in- 
tention :  and  that  the  advancement  of  their  rights  and  in- 
terests has  been  the  constant  motive  for  every  measure. 


168  FEDERAL  GOVERNMENT.  [1808 

On  these  considerations,  I  solicit  their  indulgence  ;  looking 
forward  with  anxiety  to  their  future  destinies,  I  trust,  that 
in  their  steady  character,  unshaken  by  difficulties,  in  their 
love  of  liberty,  obedience  to  the  law,  and  support  of  public 
authorities,  I  see  a  sure  guarantee  of  the  permanence  of 
our  republic  ;  and,  retiring  from  the  charge  of  their  affairs, 
I  carry  with  me  the  consolation  of  a  firm  pursnasion,  that 
Heaven  has  in  store  for  our  beloved  country,  long  ages  to 
come  of  prosperity  and  happiness." 

The  general  policy  and  measures  of  President  Jefferson 
were  disapproved  by  a  large  portion  of  the  people ;  and 
among  them  were  some  of  the  most  intelligent,  and  pa- 
triotic citizens  in  the  United  States.  The  principal  charges 
made  against  him  were,  an  early  dislike  to  the  federal  Con- 
stitution ;  an  undue  attachment  to  France,  during  the  war  be- 
tween that  nation  and  Great  Britain  :  an  imprudent  censure 
on  the  political  conduct  of  his  predecessors  ;  an  opinion  that 
settled  maxims  and  rules  should  yield  to  the  popular  will, 
or  popular  clamor  under  excitement;  an  unfriendly  dispo- 
sition towards  commerce  and  a  navy ;  and  a  dangerous 
theory  respecting  the  judicial  department  of  the  govern- 
ment, as  if  it  should  not  be  independent  of  the  chief  magis- 
trate, or  of  an  accidental  and  temporary  majority  in  the 
legislature.  Perhaps  his  political  opponents  sometimes 
charged  him  unjustly  or  uncandidly.  But  before  he  came 
into  office,  as  President,  he  had  given  an  opinion,  that  the 
Constitution  was  defective,  and  the  government  under  it 
too  closely  assimilated  to  monarchy :  and  that  the  measures 
of  his  predecessors  were  impolitic,  if  not  indicative  of  anti- 
republicanism.  He  had  thus  exposed  himself  to  the  criti- 
cisms of  a  portion  of  the  people ;  and  prejudice,  therefore, 
might  have  had  some  influence  in  the  severe  strictures 
made  on  his  leading  measures.  It  cannot  be  denied  that 
his  views  and  policy  differed,  in  some  respects,  from  his  il- 
lustrious predecessors.  Nor  can  it  be  any  more  justly 
doubted,  that  his  political  opinions  and  conduct  served  to 
lessen,  in  some  measure,  the  stability  and  permanency  of 
the  republic  ;  by  emboldening  visionary  and  unprincipled 
men,  many  of  whom  were  aliens,  and  who  could  vociferate 
most  loudly  for  liberty,  but  had  not  a  due  respect  for  law 
or  the  Constitution.  His  appointments  and  removals  from 
office,  in  many  cases,  justified  the  belief,  that  he  had  no 
particular  sympathy  for  the  officers  of  the  revolution  :  while 
Washington,  who  was  the  first  president,  after  the  forma- 
tion of  the  federal  government,  selected  most  of  them  to  fill 
offices  of  honor  and  profit. 


1809J  MADISON.  169 


CHAPTER  VIII. 

James  Madison  elected  President.  Foreign  Relations  Embarrassed.  Arbitra- 
ry Measures  both  of  French  and  English  Government.  Interruptions  of 
American  Commerce.  Difficulties  of  the  Period.  Embargo.  Non-inter- 
course with  Great  Britain.  Unsuccessful  Attempts  at  Negotiation.  Indi- 
cations of  War.  Conduct  both  of  British  and  French  Justify  Resistance. 
Opposition  or  Reluctance  to  War.  A  War  Party,  and  a  Peace  Party.  War 
declared.     Small  Majority  in  Favor.     President  disposed  to  Avoid  it. 

Mr.  Jefferson  retired  from  the  Presidency  the  fourth  of 
March,  1809,  having  held  the  office  of  chief  magistrate  of 
the  Union  for  eight  years ;  and  James  Madison,  of  Virginia, 
was  chosen  to  succeed  him.  The  former  was  not  a  candi- 
date, at  this  time,  for  a  re-election  ;  the  reason  offered  for  de- 
clining was,  to  conform  to  the  precedent  made  by  Wash- 
ington, who  did  not  think  it  proper  for  one  person  to  hold 
the  office  beyond  two  terms  of  four  years  each.  Mr.  Mad- 
ison had  been  several  years  a  member  of  Congress  ;  one  of 
the  Convention  which  framed  the  federal  Constitution,  and 
Secretary  of  State,  during  the  presidency  of  Mr.  Jefferson ; 
whose  policy  he  approved  and  followed.  Congress  met  in 
May,  1809,  agreeable  to  a  law  passed  in  the  month  of  Jan- 
uary previous.  The  critical  state  of  the  nation  was  con- 
sidered a  sufficient  reason  for  fixing  on  so  early  a  day. 
War  was  then  apprehended  with  England  or  France ;  and 
the  disputes,  of  long  standing,  were  attended  with  as  great 
difficulties  as  at  any  former  period;  and  seemed  to  be 
hastening  on  an  important  crisis.  At  this  session,  the  act 
interdicting  commercial  intercourse  between  the  United 
States,  and  Great  Britain  and  France,  passed  in  March, 
1809,  was  continued,  with  some  modifications.  The  first 
act  was  adopted  soon  after  the  embargo  had  been  repealed  ; 
and  extended  to  vessels  belonging  to  France,  as  well  as  to 
England;  the  armed  ships  of  the  latter  only  having  been 
prohibited  by  the  proclamation  of  the  President,  issued  in 
July,  1807,  on  the  occasion  of  the  attack  of  the  British 
ship  of  war  on  the  frigate  Chesapeake.  No  very  material 
alterations,  however,  made  in  the  former  law,  so  as  to  re- 
store the  intercourse  which  had  existed  before  the  decrees 
and  orders  of  the  two  European  belligerents,  were  adopted  ; 
or  to  permit  the  entrance  of  their  vessels  into  the  harbors  of 
22 


170  FEDERAL  GOVERNMENT.  [1809 

the  United  States,  except  in  particular  cases,  and  under  spe- 
cific restrictions.  This  extra  session  was  short,  and  ter- 
minated on  the  28th  of  June. 

Soon  after  the  departure  of  the  British  Envoy,  who  had 
been  sent  to  the  United  States  to  declare  the  attack  on  the 
frigate  Chesapeake  unauthorized  by  his  government,  and  to 
tender  reparation  for  the  indignity,  in  which  he  did  not 
succeed,  under  the  instructions  and  powers  given  him ;  the 
resident  minister  of  that  Court  at  Washington  made  a  prop- 
osition to  the  American  administration,  which  was  favor- 
ably and  promptly  received,  and  gave  a  strong  hope  of  an 
amicable  settlement  of  the  protracted  disputes  between  the 
two  nations,  relating  to  commercial  rights  and  pursuits.  It 
was  of  the  following  purport — "  That  the  British  Orders  in 
Council,  issued  and  repeated  in  1807,  should  be  withdrawn 
in  June  then  ensuing,  so  far  as  affected  the  United  States, 
provided  the  intercourse  should  be  renewed  between  Amer- 
ica and  Great  Britain."  The  President  issued  a  proclama- 
tion on  the  19th  of  April  to  that  effect;  to  be  in  operation 
after  the  first  of  June,  following ;  as  he  was  empowered  by  a 
previous  act  of  Congress.  The  British  minister,  also,  of- 
fered reparation  for  the  attack  on  the  Chesapeake;  and 
further  stated,  that  an  Envoy  would  be  sent  to  the  United 
States  with  full  power  to  treat  on  all  the  subjects  which 
were  in  dispute  between  the  two  governments.  But  this 
auspicious  hope,  so  cordially  welcomed,  was  soon  destroyed, 
by  a  refusal  of  the  British  government  to  sanction  the  over- 
ture ;  with  a  declaration,  that  no  such  authority  or  instruc- 
tions had  been  given  to  their  minister.  And  the  President 
thereupon  issued  another  proclamation,  in  August,  de- 
claring the  act  of  non-intercourse  to  be  revived  and  in  full 
force.  The  British  government  had  the  justice  to  issue  a 
particular  order,  to  prevent  the  seizure  of  American  vessels 
which  had  sailed  after  the  first  proclamation.  But  the 
feelings  of  the  American  people  were  greatly  irritated  by 
this  transaction;  and  a  war  with  England,  if  proposed, 
would  have  been  more  popular  than  at  any  former  period. 

It  could  not,  however,  be  denied  that  the  British  minister 
had  exceeded  the  authority  given  him  in  his  instructions ; 
and  he  admitted  that  he  had  done  so,  when  he  said,  in  a  letter 
to  his  government  soon  after,  "  That  nothing  would  have 
induced  me  to  deviate,  in  any  degree,  from  the  orders  I 
had  received,  but  a  thorough  conviction,  that  by  so  doing 
I  should  accomplish  the  object,  which  his  majesty  had  in 
view;  when,  by  too  strictly  adhering  to  the  letter  of  my 
instructions,  I  might  lose  the  opportunity  of  promoting  es- 


1809]  MADISON.  171 

sentially  his  majesty's  interests  and  wishes."     The  Envoy 
was  soon  recalled,  and  another  appointed  in  his  stead. 

The  promptness  with  which  the  administration  met  the 
proposition  of  the  British  Envoy,  served  to  remove  the 
suspicion  of  its  being  averse  from  pacific  purposes  towards 
England;  and  that  government  was  now  generally  cen- 
sured, though  its  conduct  after  the  affair  of  the  Chesapeake, 
was  admitted  friendly  and  honorable.  Its  policy  was  too 
injurious  to  the  American  commerce,  under  the  revival  of 
the  arbitrary  rule  of  1756,  which  it  adopted  towards  neu- 
trals, to  find  many  willing  to  apologize  for  the  depredations 
committed ;  and  the  plea  of  retaliating  on  France  for  the 
arbitrary  decrees  of  the  Emperor,  did  not  appear  a  suffi- 
cient justification.  There  was  probably  no  desire  on  the 
part  of  the  Court  of  Great  Britain  to  provoke  a  war  with 
the  United  States ;  but  in  the  situation  that  nation  then  was, 
surrounded  with  difficulties  and  dangers  on  every  side,  and 
struggling,  as  it  were,  for  existence,  it  was  natural  to  re- 
sort to  extreme  measures  for  defence,  where  former  prac- 
tice and  precedents  afforded  a  plausible  pretext  for  the 
course  pursued.  With  the  avowed  design  of  destroying  or 
weakening  the  power  of  the  other,  each  of  the  belligerents 
inflicted  great  injury  and  great  injustice  on  the  American 
commerce,  and  called  forth  the  feelings  of  resentment  to 
such  a  degree,  that  the  most  expensive  measures  for  de- 
fence would  have  been  approved ;  though  war  might  not 
have  been  justified,  without  further  attempts  at  nego- 
tiation. 

Another  Envoy,  appointed  by  the  British  government, 
arrived  at  Washington  in  the  latter  part  of  the  year  1809. 
He  was  directed  to  state  the  reasons  for  a  refusal  to 
confirm  the  agreement  made  by  his  predecessor  with  the 
American  government  in  April ;  and  authorized  to  form  a 
Convention  on  commercial  subjects  with  the  United  States. 
But  he  displayed  less  of  a  mild  and  conciliating  spirit  than 
the  former  ambassador  from  that  court ;  and  was  so  anx- 
ious to  vindicate  the  honor  of  his  own  government,  that  he 
made  insinuations  on  the  character  of  the  American  cabi- 
net, unusual  in  a  diplomatic  correspondence.  He  appeared 
disposed  not  to  make  concessions,  but  to  deal  in  censure 
and  criminations.  His  principal  charge  was,  that  the 
President  and  his  Secretaries  must  have  known  that  his 
predecessor  had  deviated  from  his  instructions,  and  exceed- 
ed his  powers,  when  he  made  the  agreement  which  was 
afterwards  disapproved  by  the  British  government,  and 
that  the  President,  therefore,  could  not  justly  complain  of 


172  FEDERAL  GOVERNMENT.  {1809 

its  rejection.  This  charge  was  reiterated  by  him,  after  it 
had  been  denied  by  the  American  Secretary ;  and  however 
he  might  be  satisfied,  that  other  terms  were  substituted  for 
those  imposed  on  the  British  Envoy,  and  with  the  full  per- 
ception of  the  American  administration,  it  was  deemed 
highly  improper  in  him  to  make  and  repeat  the  insinuation. 
The  President  may  be  supposed  to  have  perceived,  that  the 
terms  of  the  Convention  of  April,  1809,  were  a  departure 
from  the  directions  given  to  the  British  Envoy,  who  agreed 
to  it,  and  yet  not  to  have  known  that  such  were  all  or  the 
only  instructions  he  had  received.  It  was  not  for  the 
American  administration  to  ascertain  the  full  extent  of  the 
authority  of  the  Envoy,  but  to  make  the  most  favorable 
treaty  to  which  he  would  give  his  assent.  This  was  a 
difficulty  to  be  adjusted  between  the  British  government 
and  its  public  agent.  And  while  that  government  claimed 
the  right  to  reject  it,  without  subjecting  itself  to  the  charge 
of  wishing  to  produce  a  war  between  the  two  countries ; 
the  President  of  the  United  States  did  not  render  himself 
liable  to  insult  or  censure  for  forming  a  Convention  the 
most  favorable  to  be  made  with  the  British  Envoy.  The 
correspondence  with  the  new  minister  from  England  was 
maintained  for  some  weeks,  but  each  party  considered  it- 
self harshly  treated,  and  uncourteous  language  was  used 
by  each ;  and  the  President,  after  several  letters  passed  be- 
tween them,  directed  the  Secretary  of  State  to  receive  no 
further  communication.  The  offensive  expressions  con- 
tained in  these  notes  were  rather  of  a  personal  nature,  or 
on  account  of  supposed  insinuations  against  the  honor  of 
the  administration  ;  the  merits  of  the  controversy  between 
the  two  governments  were  not  discussed. 

By  the  abrupt  termination  of  this  attempt  at  negotiation, 
and  the  failure  of  several  former  efforts  for  that  purpose — 
as  the  rejection  of  the  treaty  signed  by  the  American  En- 
voys in  London,  in  1807 ;  the  declining  to  treat  with  the 
British  minister,  deputed  to  offer  reparation  for  the  affair 
of  the  Chesapeake ;  the  non-acceptance,  by  Great  Britain, 
of  a  Convention  made  in  1809 — the  prospect  of  maintain- 
ing friendly  relations  with  England  was  greatly  obscured, 
and  war  appeared  almost  certain  and  inevitable ;  except 
that  neither  nation  was  disposed  to  adopt  such  an  alterna- 
tive ;  and  both,  probably,  believed  its  interests  would  suffer 
by  it. 

The  principles  advanced  by  the  British  government, 
however  founded  in  former  precedent,  or  necessary  to  the 
prosperity  of  that  country,  were  such  as  an  independent, 


1809]  MADISON.  173 

powerful  and  neutral  nation  could  not  fully  admit.  The 
British  insisted  on  the  right  to  their  native  subjects,  and  to 
search  for  and  seize  them,  if  found  in  the  merchant  vessels 
of  neutrals;  to  prohibit  to  a  neutral  nation  the  colonial 
trade,  in  time  of  war,  which  it  was  not  allowed  to  use  or 
profit  by,  in  peace  :  thus  preventing  the  trade,  in  American 
vessels,  from  the  colonies  of  France  or  Spain  to  the  ports  in 
the  parent  country,  which,  in  time  of  peace,  those  nations 
had  respectively  monopolized.  To  these  claims,  the  gov- 
ernment of  the  United  States  was  not  disposed  to  yield; 
"but  offered  to  repeal  the  act  closing  their  harbors  and  ports 
against  the  British  ships  of  war ;  and  to  suspend  the  non- 
intercourse  system  as  to  that  nation,  while  they  should  be 
in  force  against  France,  so  long  as  it  continued  its  obnox- 
ious and  injurious  decrees.  The  subject  of  impressments 
also  presented  great  difficulties.  But  the  claims  and  prop- 
ositions of  the  American  government  were  such,  that  the 
British  ministry  could  not  be  justly  censured  for  not  admit- 
ting them. 

The  British  minister  left  Washington  immediately  on 
receiving  notice  that  no  further  communications  would  be 
received  from  him,  November,  1809  ;•*  and  took  up  his  res- 
idence in  New  York  :  and  the  President,  by  his  Envoy  in 
London,  requested  his  recall.  This  was  accordingly  doner 
in  March  following ;  but  without  any  censure  expressed, 
as  to  the  conduct  of  the  Envoy,  or  the  offer  of  any  apology 
to  the  American  government  for  the  insult  which  it  was 
alleged  he  had  given.  Nor  did  the  court  of  England  deem 
it  necessary,  or  expedient,  for  some  time,  to  appoint  another 
minister  to  the  United  States.  It  was  not  disposed  to  declare 
war,  nor  to  abandon  its  claims,  however  strongly  opposed 
by  the  American  administration,  of  a  right  to  take  its  own 
subjects  from  merchant  vessels,  to  enforce  its  doctrine  re- 
lating to  blockades,  and  to  prevent  the  trade  by  neutrals 
between  the  colonies  and  their  parent  country  in  Europe, 
in  war,  as  well  as  in  times  of  peace.  The  non-intercourse 
and  non-importation  acts  of  the  United  States,  operated  in 
some  measure,  to  restrict  the  trade  of  Great  Britain ;  but 
this  inconvenience  was  far  less  than  to  have  consented  to 
the  demands  of  the  American  government,  while  the  French 
decrees  remained  in  force. 


*  On  the  13th  of  November,  he  published  a  circular,  in  which  he  reiterated 
the  assertion,  that  the  President  should  have  known  his  predecessor  had  ex- 
ceeded his  authority,  and  insinuated  that  duplicity  and  prevarication  were 
chargeable  against  the  administration.  This  act  was  generally  considered 
highly  indecorous,  and  excited  the  indignation  of  the  people  in  all  parts  of  the 
Union. 


174  FEDERAL  GOVERNMENT.  [1810 

The  American  Envoy  to  Great  Britain  was  continued, 
though  not  without  some  hesitation,  and  a  disposition  to 
recall  him ;  the  British  Premier  having  often  expressed  his 
intention  of  appointing  another  minister  to  the  United  States, 
during  the  summer  of  1810:  but  early  in  1811,  he  was 
directed  to  leave  the  court  of  England,  and  return  to  Amer- 
ica. He  had,  however,  after  the  departure  of  the  British 
Envoy,  near  the  close  of  1809,  been  instructed  to  continue 
or  renew  negotiations  with  the  government  of  Great  Britain, 
"  relating  to  wrongs  committed  on  the  high  seas,  or  other 
waters,"  and  "for  establishing  the  principles  of  navigation 
and  commerce  between  the  two  nations."  But  his  efforts, 
under  these  instructions,  proved  altogether  unavailing. 

The  French  and  British  decrees,  so  injurious  to  the  com- 
merce of  the  United  States,  and  by  the  American  govern- 
ment believed  to  be  violations  of  the  rights  of  neutral  nations, 
being  still  in  force,  after  repeated  remonstrances  against 
them,  and  various  attempts  to  procure  their  repeal  by  ne- 
gotiation, Congress  passed  a  law,  in  March,  1809,  interdict- 
ing all  commercial  intercourse  between  the  United  States 
and  those  countries.  The  act,  however,  was  limited  to  the 
end  of  the  next  session  of  Congress  ;  and  the  law,  imposing 
an  embargo,  passed  in  December,  1807,  it  was  also  enacted, 
should  be  repealed  at  the  same  time. 

Pursuing  this  policy,  and  in  connection  with  the  act  of 
March,  of  1809,  the  President  was  authorized,  by  another  law 
of  Congress,  passed  in  May,  1810,  "in  case  either  Great 
Britain  or  France  should,  before  the  first  of  March  follow- 
ing, revoke  her  edicts,  or  so  modify  them,  that  they  would 
cease  to  violate  the  neutral  commerce  of  the  United  States," 
to  declare  the  fact  by  proclamation;  and  that,  on  the  omis- 
sion of  the  other  nation  to  revoke,  or  so  modify  her  edicts, 
the  act  interdicting  commercial  intercourse  between  the 
United  States,  and  France  and  England,  passed  in  February, 
1809,  should  continue  in  force  as  to  such  nation."  The 
act  vesting  such  authority  in  the  President,  was  soon  after 
made  known  to  the  court  of  France ;  and  the  French 
minister  for  foreign  affairs  immediately  addressed  a  note  to 
the  envoy  of  the  United  States,  then  in  Paris,  dated  August, 
1810;  in  which  he  stated,  "that  the  Berlin  and  Milan  de- 
crees, issued  by  the  Emperor,"  (which  had  justly  given 
great  offence  to  the  American  government  and  people.) 
"  were  revoked,  and  would  cease  to  have  effect  after  the 
first  of  November  following." 

But  the  contents  of  this  note  of  the  French  minister 
were  not  sufficiently  intelligible  or  satisfactory,  to  meet  the 


1810]  MADISON.  175 

approbation  of  the  people  of  the  United  States  generally ; 
and  yet  the  administration  gave  a  more  favorable  construc- 
tion to  the  document ;  and  in  November,  immediately  after 
the  note  was  received  at  Washington,  the  President  issued 
a  proclamation,  declaring  the  restrictions  imposed  by  the 
act  of  Congress  of  May,  1810,  were  removed  or  repealed 
with  regard  to  France. 

In  his  note,  giving  notice  that  the  Berlin  and  Milan  decrees 
were  revoked,  the  French  minister  of  foreign  affairs  was 
pleased  to  observe,  u  that  his  government  had  adopted  this 
measure,  because  the  Congress  of  the  United  States  had 
retraced  its  steps,  and  had  engaged  to  oppose  the  belligerent 
(England)  which  refused  to  acknowledge  the  rights  of  neu- 
trals." The  following  language  was  somewhat  equivocal, 
and  served  as  an  apology  afterwards  for  the  French  gov- 
ernment, in  not  fulfilling  the  promise,  which  it  was  under- 
stood to  have  given.  "  It  being  understood  (or  on  condition) 
that  the  English  shall  revoke  their  orders  in  council,  and 
renounce  the  new  principles  of  blockade  which  they  have 
wished  to  establish ;  or  that  the  United  States  shall  cause 
their  rights  to  be  respected  by  the  English?'' 

Trusting  to  the  sincerity  of  this  declaration,  and  believing 
in  the  pacific  spirit  of  the  French  government  towards  the 
United  States,  the  President  issued  a  proclamation  the  first 
of  November,  declaring  that  the  French  decrees  were  in 
fact  revoked,  and  that  the  non-intercourse  law  would  be 
revived  and  in  force  as  to  Great  Britain,  unless  her  orders 
in  council  should  be  revoked  in  three  months  from  that  date. 
The  wisdom  of  this  measure  was  questioned  by  the  political 
opponents  of  the  administration ;  because  the  decree,  said 
to. have  been  adopted,  was  not  published  in  extenso,  with 
its  date,  and  was  to  have  effect  at  a  future  day  ;  and  that 
on  certain  conditions,  of  which  the  American  government 
could  not  guarantee  the  performance,  without  declaring  war 
against  England,  if  she  did  not  also  revoke  the  orders  in 
council — which  were  as  injurious  to  France  as  to  the  United 
States.  Nor  was  there  any  engagement,  at  the  time,  on  the 
part  of  the  French  government  to  provide  indemnity  for  its 
extensive  depredations  on  American  commerce,  committed 
under  its  several  former  edicts  ;  notwithstanding  the  dec- 
laration of  the  President,  that  the  restoration  of  property  so 
seized,  must  follow  the  repeal.  Subsequent  events  served 
to  prove,  that  the  Emperor  of  France  did  not  intend  to  re- 
voke his  decrees,  in  fact,  unless  Great  Britain  should  also 
withdraw  her  orders  affecting  neutral  commerce,  or  the 
United  States  should  declare  war  against  that  nation.     In- 


176  FEDERAL  GOVERNMENT.  [1810 

deed,  after  the  first  of  November,  American  vessels  and 
their  cargoes  were  seized  and  held  for  sequestration,  in  order 
to  ensure  future  measures  by  the  government  of  the  United 
States,  agreeable  to  the  policy  and  wishes  of  the  Emperor. 
And  several  months  later,  March  1811,  he  declared,  "that 
the  decrees  of  Berlin  and  Milan  were  the  fundamental  laws 
of  his  empire."  A  new  Envoy  from  France,  who  arrived 
about  this  time,  gave  official  notice  also  to  the  federal  ad- 
ministration, that  no  remuneration  would  be  made  for  the 
property  sequestered. 

In  the  meantime,  the  President  urged  on  the  British  gov- 
ernment a  revocation  of  the  orders  in  council,  against  which, 
he  and  his  predecessor  had  repeatedly  remonstrated  as 
injurious  and  unjust ;  and  in  this  application,  he  assumed 
that  the  French  edicts  were  repealed.  And  yet,  on  the 
arrival  of  the  French  Envoy,  there  was  no  official  or  direct 
notice  made  by  him  to  the  President,  that  the  Berlin  and 
Milan  decrees  were  really  revoked  ;  and  the  Secretary  of 
State,  in  an  address,  soon  after  published  by  him,  expressed 
his  full  belief,  that  they  were  not  withdrawn,  and  no  assur- 
ance given  when  they  would  cease  to  operate.  In  March,  1811, 
however,  in  this  state  of  uncertainty,  as  to  the  past  acts  or 
future  policy  of  France,  Congress  declared  its  approbation 
of  the  measure  of  the  President  adopted  by  his  proclamation, 
and  passed  a  non-intercourse  act  against  Great  Britain. 

The  British  ministry  were  not  so  credulous,  and  insisted, 
that  the  decrees  of  the  Emperor  were  not  actually  repealed ; 
and  that  the  proclamation  of  the  President  and  the  subse- 
quent law  of  Congress,  interdicting  all  commercial  inter- 
course with  that  nation,  was  partial  and  unjust.  And  thus 
the  unfriendly  feelings,  which  dictated  complaints  both  from 
the  government  of  the  United  States  and  England,  against 
each  other,  were  continued  and  increased.  The  British 
government  was  tenacious  of  the  policy  it  had  adopted, 
relating  to  neutrals  ;  and  pleaded,  that  its  interests  rendered 
it  peculiarly  necessary  to  be  pursued  at  that  time.  There 
had  then  been  no  ambassador  from  England  near  the  federal 
government,  for  some  time.  The  American  minister — Pinck- 
ney — retired  from  the  British  court,  early  in  1811 ;  but  an 
Envoy  was  soon  after  appointed  to  the  United  States,  with 
instructions  to  renew  the  offer  of  reparation  for  the  attack 
on  the  frigate  Chesapeake  ;  and  to  make  other  explanations, 
with  a  view  to  prevent  the  calamities  of  war,  which  was 
then  apprehended  would  take  place.  Nothing  very  favor- 
able resulted  from  this  embassy  ;  though  the  British  minister 
remained  at  Washington  till  the  declaration  of  war  against 


1811]  MADISON.  177 

Great  Britain  by  the  American  government.  The  terms  of 
reparation  for  the  affair  of  the  Chesapeake,  formerly  ten- 
dered by  the  British  Envoy  in  1809,  were,  however,  ac- 
cepted in  November,  1811;  which  were  a  disavowal  of  the 
attack  by  the  British  government ;  a  restoration  of  the  men 
taken  from  that  vessel ;  and  compensation  to  the  families 
or  relatives  of  those  killed  or  wounded  at  the  time  of  the 
attack. 

Several  important  measures  were  adopted  or  proposed  at 
the  session  of  Congress,  which  began  in  December,  1810, 
and  continued  to  the  third  of  March,  1811  ;  which  serve  to 
indicate  the  views  and  policy  of  the  administration  of  that 
period.  The  act  relating  to  commercial  intercourse  between 
the  United  States  and  Great  Britain  and  France,  which  had 
been  sometime  in  force,  was  modified  in  part,  but  in  such 
manner  as  to  afford  no  advantages  to  merchants;  and  rather 
to  embarrass  and  injure  the  trade  with  England.  For  cer- 
tain parts  of  the  former  act  had  been  repealed,  so  as  to  in- 
duce mercantile  enterprise  to  British  ports ;  but  now  they 
were  revived,  and  the  goods  imported  from  Great  Britain 
made  liable  to  seizure ;  and  bonds  were  required  of  those 
who  imported  them,  to  await  a  legal  decision. 

Louisiana  was  made  a  separate  and  distinct  State,  with 
the  privileges  of  other  States  in  the  Union  ;  but  great  op- 
position was  made  to  the  measure,  on  the  ground  of  uncon- 
stitutionality, as  it  was  not  a  part  of  the  original  territory 
of  the  United  States.  It  was  included  in  the  tract  of  country 
purchased  of  France  in  1803.  And  it  was  contended,  that, 
according  to  the  true  meaning  and  intent  of  the  Constitution, 
new  States  were  to  be  formed,  only  by  a  division  of  one  of 
the  original  thirteen  States ;  or  within  the  territory  ceded 
to  the  United  States,  by  the  treaty  of  peace  with  Great 
Britain  in  1783.  But  a  large  majority  of  Congress  was  in 
favor  of  the  admission  of  Louisiana  as  one  of  the  United 
States. 

During  this  session,  the  question  was  agitated  in  Con- 
gress, of  the  propriety  and  expediency  of  taking  possession 
of  West  Florida,  by  an  armed  force ;  on  the  plea  that  it 
was  included  in  the  territory  of  Louisiana,  which  had  been 
purchased  of  France.  Without  authority  of  Congress,  the 
President  had  ordered  troops  to  march  from  the  territory  of 
Mississippi  into  Florida,  and  to  take  possession  of  the 
country  in  the  name  of  the  United  States.  And  this  order 
of  the  Executive  was  given,  on  the  supposition  that  Florida 
was  part  of  the  territory  which  had  been  purchased.  The 
Spanish  authorities  refused  to  surrender  it,  when  demanded 
23 


178  FEDERAL  GOVERNMENT.  [1811 

by  the  general  of  the  United  States  army,  which  invaded 
it ;  and  it  was  so  doubtful,  whether  the  claim  to  the  territory 
asserted  by  the  administration  was  just  and  valid,  that 
Congress  did  not  see  fit  to  urge  it  at  the  point  of  the  bay- 
onet ;  and  the  troops  were  soon  withdrawn  by  orders  of  the 
federal  Executive. 

The  act  of  incorporation  of  the  United  States  Bank,  which 
was  passed  in  1791,  was  now  about  to  expire  ;  and  a  prop- 
osition was  made  to  renew  it.  The  importance  of  contin- 
uing the  Bank,  for  the  benefit  of  the  public  finances,  and 
for  individual  enterprise,  and  for  the  monetary  intercourse 
between  distant  parts  of  the  Union,  was  strongly  urged, 
but  without  success.  There  was  a  small  majority  in  the 
national  legislature,  at  that  time,  opposed  to  the  institution. 
The  Senate  was  equally  divided  on  the  question  ;  seventeen 
members  being  in  favor  of  a  renewal  of  the  charter,  and 
seventeen  against  it;  and  the  President  of  the  Senate  also 
gave  his  voice  in  opposition  to  it. 

Further  efforts  were  made  by  the  American  administration 
to  conciliate  the  favor,  or  to  prevent  the  hostile  measures  of 
the  French  Emperor.  And  another  Envoy  was  deputed  to 
the  court  of  France,  in  1811,  with  instructions  and  powers 
to  form  a  treaty,  particularly  relating  to  the  interests  and 
pursuits  of  commerce.  He  was  received  with  courtesy  ; 
and  intimations  were  repeatedly  given  by  members  of  the 
French  cabinet,  that  it  was  desirous  of  settling  a  commercial 
convention.  But  the  Emperor  was  deeply  engaged  in  plans 
of  extending  his  power  through  continental  Europe ;  and  a 
part  of  his  system  was  to  exclude  British  goods  and  man- 
ufacturers, to  produce  all  possible  injury  to  his  formidable 
enemy  ;  in  accomplishing  which,  he  believed,  the  commerce 
of  the  United  States  must  be  restricted,  or  be  wholly  under 
his  control.  The  Envoy  of  the  United  States  proposed, 
that  as  they  had  lost  the  trade  to  Great  Britain,  free  inter- 
course should  be  had  with  the  continent  of  Europe ;  but 
after  a  long  time  for  considering  the  proposition,  it  was  re- 
jected as  interfering  too  much  with  the  plans  and  policy  of 
the  Emperor.  And  all  this  was  borne  by  the  American 
administration  with  patience,  and  almost  without  complaint. 

There  is  but  one  consideration,  which  presents  itself, 
consistently  with  patriotic  and  impartial  views  in  the  ad- 
ministration, from  1801  to  1812 ;  and  that  is  a  belief  in  the 
two  Presidents  for  that  period,  that  the  conduct  of  Great 
Britain  was  alike  injurious  and  unjust ;  and  that  the  designs 
of  her  statesmen  were  directly  hostile  to  the  prosperity  of 
the  United  States.     And  that  the  Emperor  of  France,  with 


1811]  MADISON.  179 

a  few  occasional  and  light  trespasses  on  American  commerce, 
and  even  these  committed  in  defence  of  the  great  cause  of 
human  rights  and  civil  liberty,  should  be  considered  the  real 
friend  of  the  United  States ;  and  his  conduct  therefore  be 
endured  as  the  wholesome  discipline  of  a  political  friend. 
This  supposition  was  advanced  as  an  opology  for  the  meas- 
ures adopted  by  the  government  of  the  United  States.  But 
with  this  admission,  the  wisdom  of  the  political  course, 
pursued  at  that  time,  seems  not  to  have  been  fully  demon- 
strated by  the  events  which  followed.  As  was  said,  by  a 
distinguished  member  of  the  Senate,  from  the  State  of  Con- 
necticut, "the  path  for  the  administration  to  pursue  was  as 
plain  as  a  turnpike — the  two  belligerent  nations  should  have 
been  treated  with  strict  impartiality — an  embargo  laid  for  a 
short  and  limited  period ;  permission  to  merchants  to  arm  their 
vessels ;  and  such  measures  of  defence,  both  on  the  land 
and  on  the  ocean,  as  the  state  of  the  country  afforded,  and 
as  would,  in  a  great  measure,  prove  efficient  for  the  purposes 
of  commercial  protection ;  and  the  manifestation  of  a  proper 
spirit  to  maintain  the  rights  of  the  nation."  The  system 
of  gunboats  merely  for  the  harbors  and  coasts  of  the  United 
States,  was  declared  by  him,  and  in  this  opinion  a  great 
portion  of  the  citizens  in  the  Atlantic  States  agreed  with 
him,  to  be  but.  an  apology  for,  if  not  designed  to  cast  ridicule 
on,  a  proper  naval  force.  And  it  was  the  belief  of  a  large 
and  respectable  minority  in  the  country,  that  greater  efforts 
should  have  been  made  to  defend  and  maintain  the  national 
rights  on  the  ocean,  instead  of  a  voluntary  abandonment, 
or  suspension  of  them,  on  account  of  the  ambitious  projects 
or  capricious  despotism  of  any  foreign  power. 

This  protracted  period  of  commercial  interruptions  and 
restrictions  was  attended,  as  might  have  been  anticipated, 
by  a  great  reduction  in  the  trade  and  revenue  of  the  United 
States.  The  exports  were  much  reduced  in  1808,  1809, 
and  1810  ;  and  the  imports  suffered  corresponding  depres- 
sion; so  that  it  became  necessary  to  resort  to  loans,  to  meet 
the  demands  on  the  public  treasury.  A  system  had  long 
been  in  operation,  even  from  the  third  year  of  the  federal 
government,  and  under  the  provident  administration  of  the 
first  President,  to  reduce  the  principal  of  the  national  debt : 
and  a  large  sum  was  appropriated  by  law,  to  be  annually 
applied  to  that  object.  In  May,  1810,  a  law  was  passed, 
authorising  a  loan,  equal  to  the  amount  of  the  public  debt, 
which  was  reimbursable  that  year.  And  thus,  though  the 
annual  reduction  of  the  public  debt  took  place,  nominally, 
a  large  amount  was  actually  borrowed,  to  maintain  the 
rtedit  of  the  United  States. 


180  FEDERAL  GOVERNMENT.  [1812 

The  American  minister  long  remained  at  the  court  of 
France;  expostulating  with  its  ministers,  for  unfriendly 
and  injurious  acts  towards  the  United  States ;  and  impor- 
tuning for  justice,  and  for  some  proofs  of  really  amicable 
intentions  in  favor  of  the  American  government.  But  no 
direct  and  satisfactory  answer  was  given  to  these  repeated 
applications  of  the  American  Envoy.  After  several  months 
of  delay  on  the  subject,  the  Emperor  was  pleased  to  decree, 
"that  so  long  as  the  British  orders  in  council  were  unre- 
pealed, and  the  principles  of  the  treaty  of  Utrecht  (1713) 
with  respect  to  neutrals,  were  in  operation,  his  edicts  of 
Berlin  and  Milan  must  remain  in  force,  as  to  those  nations 
which  should  suffer  their  flag  to  be  denationalized"  This 
was  at  once  decisive  as  to  the  policy  and  views  of  the  Em- 
peror, and  as  to  the  designed  inoperativeness  of  the  alleged 
repeal  of  those  decrees,  as  stated  and  promised  in  August, 
1810.  And  when  the  British  government  was  urged  a  sec- 
ond time  to  withdraw  their  orders  in  council,  on  the  plea  by 
the  American  minister,  that  the  French  edicts  were  repealed, 
they  declared,  "  that  whenever  those  edicts  were  absolutely 
and  unconditionally  repealed  by  an  authentic  act  of  the 
French  government,  publicly  promulgated,  their  orders 
would  be  revoked."  In  April, 181 2,  the  British  ministers 
issued  a  declaration,  or  state  paper,  in  which  they  gave  a 
concise  statement  of  events  which  preceded  their  orders  of 
council,  and  mentioned  the  terms  for  their  revocation.  In 
this  official  document  it  was  again  declared,  u  that,  if  at 
any  time  hereafter,  the  Berlin  and  Milan  decrees,  shall  by 
an  authentic  act  of  the  French  government,  publicly  pro- 
mulgated, be  expressly  and  unconditionally  repealed,  then, 
and  from  thenceforth,  the  order  in  council  of  January,  1807, 
and  of  April,  1809,  shall,  without  any  further  order  be,  and 
the  same  are  wholly  and  absolutely  revoked."  Hence  it 
appears,  that  the  British  government  did  not,  in  April,  1812, 
consider  the  French  edicts  repealed.  JXor  could  there  be 
any  just  complaint  against  England  for  requiring  proof  of 
the  actual  repeal  of  the  French  decrees  ;  though  there  was 
good  reason  to  object  to  her  orders,  so  injurious  to  neutrals, 
and  especially  to  the  United  States. 

Afterwards,  when  in  the  month  of  May,  1812,  the  de- 
cree of  the  French  government  of  April,  preceding,  was 
communicated  to  the  British  court  by  the  American  minis- 
ter, the  repeal  of  the  Orders  in  Council  followed,  in  June. 
But  before  the  intelligence  of  this  repeal  reached  the  United 
States,  war  had  been  declared  by  Congress  against  Great 
Britain,  and  the  door  to  reconciliation  was  unhappily  closed. 


1812]  MADISON.  181 

For,  probably,  there  would  not  have  been  a  resort  to  war, 
had  there  been  no  deception  and  no  prevarication  in  the 
case  by  the  government  of  France  ;  there  being  evidence 
abundantly  sufficient  to  show,  that  the  British  government 
would  have  readily  repealed  its  obnoxious  orders  of  council 
on  direct  and  full  assurance  that  the  decrees  of  the  Em- 
peror, dated  at  Berlin  and  Milan,  were  actually  revoked. 

The  reasons  publicly  given  for  the  declaration  of  war 
with  England  were,  in  substance,  as  follows  : — The  im- 
pressment of  American  seamen  by  the  commanders  of 
British  ships  of  war ;  their  doctrine  and  system  of  blockade  ; 
and  the  adoption  and  continuance  of  the  orders  in  council 
of  that  government  ;  which  operated  extensively  to  the 
interruption  and  injury  of  the  American  commerce.  The 
two  latter,  it  was  said,  were  not  to  be  tolerated  by  civilized 
communities,  being  founded  not  in  right  or  justice,  but  in 
force ;  and  that  the  former  was  utterly  inconsistent  with 
the  honor  and  attributes  of  an  independent  nation.  To 
which  was  added,  a  long  and  unsatisfied  demand  for  re- 
muneration on  account  of  depredations,  committed  by  the 
subjects  of  that  government,  on  the  lawful  commerce  of  the 
United  States. 

War  with  England  had  evidently  been  contemplated 
by  the  American  administration  for  some  time  previously 
to  its  formal  declaration.  No  patriotic  citizen  of  the  United 
States  justified  the  conduct  of  the  British  government,  in 
all  respects.  Some  of  its  orders  and  measures  were  inju- 
rious in  their  effects,  and  arbitrary  and  unjust  in  their  char- 
acter; but  these  did  not  render  a  war  necessary.  It  was 
also  apparent,  when  all  the  facts  were  known,  that  the 
cabinet  gave  a  too  high  coloring  to  British  acts  of  aggres- 
sion ;  and  endeavored  to  keep  out  of  sight,  or  to  cast  a 
shade  on  the  more  arbitrary  measures  of  the  French  gov- 
ernment. 

The  people  generally  did  not  approve  of  the  war,  though 
they  acquiesced  in  the  measure  when  thus  legally  adopted. 
And  some  of  the  leading  friends  of  the  administration  were 
known  to  be  opposed  to  it.  The  measure  was  adopted  in 
the  House  of  Representatives  by  a  small  majority  ;  but  did 
not  pass  the  Senate  till  fourteen  days,  after  the  question 
was  first  submitted  to  that  body,  though  pressed  by  sever- 
al members.  At  first  it  was  evident  that  the  majority  was 
against  war ;  and  a  proposition  was  made  on  which  the 
Senate  was  equally  divided,  at  the  first  vote,  for  granting 
reprisals  against  the  commerce  of  Great  Britain,  by  public 
or  private  ships  of  the  United  States  ;    but  after  several 


182  FEDERAL  GOVERNMENT.  [1812 

days  of  discipline  and  urging,  a  majority  voted  in  favor  of 
it.  It  was  the  opinion  of  a  great  portion  of  the  United 
States,  that  injury  had  been  received  from  both  France  and 
England ;  equally  from  the  former  as  from  the  latter  ;  but 
to  make  war  on  both  would  be  unwise  ;  and  that  it  was 
not  necessary,  to  the  maintenance  of  the  nation's  rights  to 
make  war  on  either.  The  administration  was  in  favor  of 
a  different  course ;  and  chose  war  with  Great  Britain  rather 
than  with  France.  A  few  months  delay  of  this  decision, 
so  disastrous  in  its  effects,  might  have  prevented  the  sad 
alternative  :  for  the  British  Orders  in  Council  were  repeal- 
ed in  June,  soon  after  an  authentic  assurance  was  given  that 
the  French  decrees  had  been  revoked.  It  was  afterwards 
made  evident,  also,  that  some  of  the  French  state  papers, 
then  recently  received,  were  not  laid  before  Congress,  when 
the  measure  of  war  was  under  discussion  ;  and  these  so  ex- 
ceptionable and  insolent,  that,  had  they  been  communi- 
cated at  the  time,  the  majority  of  the  national  legislature 
•would  not  have  consented  to  the  declaration  of  hostilities 
against  England. 

The  declaration  of  war  was  preceded  by  an  Act  of  Con- 
gress, of  the  fourth  of  April,  imposing  an  embargo  for 
ninety  days ;  which,  with  other  Acts  passed  by  the  federal 
government,  at  the  time,  indicated  its  ultimate  object, 
though  the  opinion  was  still  expressed  by  many  of  the  citi- 
zens, that  such  an  extreme  measure  would  not  be  adopted. 
For,  in  addition  to  the  fact,  that  the  nation  was  not  pre- 
pared to  engage  in  and  prosecute  a  war  with  efficiency 
against  so  formidable  a  naval  power  as  England,  the  ne- 
cessity of  such  a  measure  did  not  appear,  from  considera- 
tions either  of  national  rights  or  interests.  Neither  the  lib- 
erty nor  the  territory  of  the  United  States  was  directly  at- 
tacked ;  and  the  injuries  received  were  rather  incidental 
than  designed  to  operate  unfavorably  on  the  commerce  of 
the  United  States.  Nor  was  it  perceived,  that  a  war,  if 
prosecuted  with  ability  and  energy,  would  procure  the  re- 
cognition of  principles  and  claims  advanced  by  the  Amer- 
ican government,  in  the  declaration  of  hostilities.  Events 
soon  proved  the  correctness  of  these  opinions,  expressed  at 
the  commencement  of  the  war,  as  well  as  before  a  formal 
declaration  was  made.  For  peace  was  earnestly  sought 
and  made  by  the  American  administration,  within  three 
years  after  it  was  declared,  without  obtaining  the  admis- 
sion of  Great  Britain,  of  the  doctrines  first  asserted  and  in- 
sisted on,  as  indispensable  to  a  future  amicable  treaty  or 
compromise, 


1812]  MADISON.  183 

There  was  also  something  surprising  and  unaccountable 
in  the  declaration  of  war,  by  the  American  government,  at 
the  time  it  was  made  ;  as  no  very  adequate  means  had 
been  prepared  for  such  a  crisis.  The  people  were  thus  left, 
to  indulge  in  suspicions  and  apprehensions,  that  causes  un- 
revealed  and  unknown  to  the  nation,  had  an  influence  in 
producing  this  unexpected  result.  The  only  explanation 
to  be  given,  and  the  conjecture  best  supported  by  circum- 
stances, then  recently  developed,  was  that  a  desire  to  pre- 
serve the  friendship  of  the  French  government  had  an  un- 
due influence  in  the  alternative  chosen  by  the  political 
party  then  in  power.  That  the  declaration  of  war  was 
hasty  and  improvident,  was  generally  acknowledged  after- 
wards ;  and  the  effect  was  a  more  full  and  prevalent  opin- 
ion against  the  policy  of  war ;  and  a  resolution,  in  the  re- 
flecting part  of  the  people,  to  give  greater  influence  to  the 
benevolent  and  pacific  principles  of  Christianity. 

It  was  not  probably  the  design  or  purpose  of  the  adminis- 
tration to  oblige  the  British  government,  by  the  declaration 
of  war,  or  by  any  naval  force  it  could  employ,  to  yield  the 
points  so  long  in  dispute  between  the  two  nations.     The 
American  navy  was  comparatively  small ;  and  the  policy 
for  ten  years,  had  been  to  diminish,  rather  than  to  increase 
it.     No  large  ships  of  war  had  been  built,  during  that  pe- 
riod, although  efforts  had  been  made  by  the  minority  for 
that  purpose.      A  number  of  gunboats  had  indeed  been 
prepared,  but  they  were  designed  merely  for  the  defence  of 
the  bays  and  harbors  of  the  country.     Nor  had  such  pro- 
vision been  made  for  the  augmentation  of  the  regular  troops 
in  the  service  of  the  United  States,  as  the  crisis,  brought  on 
by  the  administration  itself,  required,  though  some  increase 
was  ordered ;  and  resort  was  therefore  early  had  to  the  aid 
of  the  militia  for  defence  and  safety.     In  April,  1812,  one 
hundred  thousand  were  ordered  to  be  detached  and  equipped, 
in  all  the  States  of  the  Union,  to  be  apportioned  according 
to  the  population  of  each  State.     The  detachment  was 
made  in  several  States  ;  but  it  was  in  the  expectation  that 
they  would  be  employed  only  in  case  of  invasion,  or  immi- 
nent danger  of  invasion,  and  for  defence  in  times  of  great 
exigency,  when  the  regular  troops  could  not  protect  the 
places  invaded.     But  it  soon  became  manifest,   that  the 
militia  were  to  be  chiefly  depended  on,  and  must,  therefore, 
be  employed  in  a  similar  manner  with  regular  troops ;  and 
even  be  called  forth  to   assist  in  invading  and  conquering 
the  neighboring  territory  of  Great  Britain.     Large  bodies 
of  troops,  and  of  the  militia,  were  ordered  to  the  northwest- 


184  FEDERAL  GOVERNMENT.  [1812 

em  borders  of  the  United  States,  where  no  other  object  could 
possibly  be  in  view,  than  to  take  possession  of  and  subdue 
a  portion  of  the  territory,  by  military  force.  For  no  inva- 
sion of  the  United  States  was  then  threatened  by  the  Cana- 
dian provinces ;  and  a  proclamation  was  issued  by  one  of 
the  American  generals  on  that  border,  evidently  intended 
to  induce  the  people  of  Canada  to  submit  to,  and  become 
connected  with,  the  American  federal  government. 

That  more  adequate  and  efficient  measures  for  the  de- 
fence of  the  country  were  not  provided,  before  war  was  de- 
clared, is  proof  that  no  invasion  was  then  expected  or  feared. 
Great  Britain  had  made  no  preparation  for  such  an  enter- 
prise, nor  threatened  it ;  but,  on  the  other  hand,  seemed 
desirous  of  maintaining  amicable  relations  with  the  United 
States  :  though  unwilling  to  yield  to  the  demands  repeated- 
ly made,  for  a  relinquishment  of  the  doctrine  of  blockade, 
of  impressment  of  seamen  who  were  natural  subjects  of 
England,  or  of  interdicting  to  neutrals  the  trade  with  her 
enemy  in  war,  not  permitted  in  a  time  of  peace.  On  these 
points,  the  British  government  was  tenacious  and  deter- 
mined ;  and  was  ready  to  encounter  the  hostile  movements 
of  the  United  States,  in  addition  to  the  attacks  of  European 
powers,  rather  than  agree  to  the  demands  made  of  them  ; 
leading,  as  they  believed,  to  their  own  subjugation  and 
ruin. 

The  neglect  of  previous  and  seasonable  preparation  for 
war,  was  the  occasion  of  extravagant  expenditures  after- 
wards* to  place  the  nation  in  a  sufficiently  formidable  atti- 
tude, either  for  defence,  if  invaded,  or  for  an  attack  on  the 
British  provinces,  as  was  early  projected.  Men  and  provi- 
sions were  wanted  for  the  extreme  western  military  post  at 
Detroit,  in  the  vicinity  of  Upper  Canada ;  there  not  being 
an  adequate  force  even  for  defence,  much  less  for  invading 
that  territory,  which  was  ordered.  The  regular  army  filled 
up  but  slowly,  compared  to  the  instant  exigency  and  call ; 
but  few  volunteer  companies  were  raised  ;  and  though  the 
militia  were  detached  in  several  of  the  States,  there  was  a 
reluctance  generally  in  calling  them  into  the  field,  until  in- 
vasion should  take  place,  or  immediately  threaten. 

A  disposition,  on  the  part  of  the  British  government  to 
remain  in  friendship  with  the  United  States,  was  manifest- 
ed about  the  time  the  American  Congress  declared  war 

*  A  law  was  passed  in  June,  twelve  days  after  the  declaration  of  war,  au- 
thorizing the  issue  of  treasury  notes,  to  the  amount  of  five  millions  of  dollars  ; 
and  at  the  following  session  of  Congress,  it  was  found  necessary  to  issue  ten 
millions  more. 


1812]  MADISON=  185 

against  that  nation,  by  repealing  the  orders  in  council,  so 
injurious  to  neutral  commerce,  and  the  revocation  of  which 
had  been  often  demanded  by  the  federal  executive.  On 
satisfactory  evidence,  that  the  French  edicts  of  a  similar 
character  were  actually  revoked,  the  British  administration 
caused  its  orders  to  be  withdrawn,  June  22d  ;  and  the 
intelligence  of  this  repeal  reached  Washington  the  last  of 
July.  An  armistice  was  also  proposed  by  the  British,  but 
it  was  not  accepted.  For  although  it  is  very  probable  war 
would  not  have  been  declared  by  Congress,  had  the  British 
Orders  in  Council  been  withdrawn,  and  the  fact  known  in 
the  United  States  before  a  formal  declaration  was  made ; 
these  orders  were  not  the  only  or  chief  reason  given  for 
resorting  to  that  alternative.  The  principal  cause  of  the  war 
was  stated  to  be  the  impressment  of  seamen,  by  the  British 
commanders,  from  the  vessels  of  the  United  States ;  and  as 
there  was  no  engagement  made  by  the  British  ministry  on 
the  subject,  the  armistice  was  not  accepted,  nor  did  the 
American  government  cease  hostilities  which  had  already 
commenced;  and  it  was  again  explicitly  announced,  that 
until  an  adjustment  was  made  on  the  subject  of  impress- 
ments, essentially  agreeable  to  the  views  of  the  federal  ad- 
ministration, the  war  would  be  prosecuted. 

A  very  interesting  question  arose  at  this  period,  involving 
a  great  Constitutional  principle,  as  to  the  extent  of  the 
power  of  the  federal  executive  over  the  militia ;  whether 
they  were  under  his  uncontrolled  and  merely  discretionary 
direction ;  or  whether  the  authority  of  the  general  govern- 
ment to  employ  and  command, them  was  limited,  and  only 
to  be  exercised  in  certain  specified  exigences.  The  lan- 
guage of  the  Constitution,  on  this  subject,  is  as  follows  : 
"Congress  shall  have  power  to  provide  for  calling  forth  the 
militia,  to  execute  the  laws  of  the  Union,  suppress  insur- 
rections, and  repel  invasions.^  And  when  the  President 
directed  the  general  officers  of  the  United  States  army,  to 
call  on  the  governors  of  the  respective  States  for  the  mi- 
litia, to  be  put  under  the  command  of  those  officers,  in  any 
case  they  might  require,  some  of  the  governors  declined 
so  to  call  them  forth  and  place  them  under  command  of  an 
officer  of  the  regular  army  ;  but,  at  the  same  time  declaring, 
that  when  there  should  be  an  actual  invasion,  or  immediate 
danger  of  invasion,  the  militia  would  be  ordered  out  to 
repel  it,  and  to  defend  the  coast  invaded  ;  and  be  placed 
under  the  command  of  an  officer  in  the  service  of  the  gen- 
eral government. 

The  principal  reasons  given  for  declining  to  call  out  the 
24 


186  FEDERAL  GOVERNMENT.  [1812 

militia  and  place  them  under  the  command  of  officers  of 
the  regular  national  army,  were,  that  it  was  inconsistent 
with  the  rights  of  the  militia,  as  citizens,  to  dispose  of  them 
in  this  manner,  and  was  converting  them  into  a  body  of 
standing  troops  against  their  will ;  and  that  the  Constitu- 
tion evidently  required  their  being  called  into  public  mili- 
tary service  by  authority  of  the  federal  government  to  repel 
invasion,  unexpectedly  arising,  and  no  regular  troops  pre- 
pared for  the  defence  of  the  country  :  the  power  over  the 
militia,  the  citizen  soldiers  of  a  State,  being  vested  entirely 
in  the  governor  thereof;  except  in  the  emergencies  particu- 
larly stated  in  the  Constitution.  The  argument  of  the  fed- 
eral administration,  on  the  other  hand,  for  claiming  author- 
ity to  call  out  the  militia,  as  was  done,  at  an  early  period, 
was,  at  least,  plausible ;  and  some  believed,  sufficiently 
valid,  to  justify  the  call,  and  to  charge  the  governors  of  the 
States  who  refused  to  order  out  the  militia,  with  a  gross 
and  dangerous  neglect  of  public  duty. 

It  was  observed,  that,  as  war  had  been  declared,  the 
whole  country  was  exposed  to  attacks  from  Great  Britain ; 
and  that,  both  for  defensive  and  offensive  measures,  the 
whole  force  of  the  United  States  should  be  subject  to  the 
control  and  direction  of  the  federal  executive,  in  such  time 
and  manner  as  he  might  judge  necessary  or  proper. 

This  is  a  most  important  subject;  and,  as  in  1812,  there 
is  still  a  difference  of  opinion,  respecting  the  authority  of 
the  federal  government  over  the  militia.  The  doctrine  as- 
serted at  that  period,  by  the  friends  of  the  administration,  goes 
to  destroy  all  State  authority  over  the  militia  in  time  of 
war  ;  and  to  justify  the  employment  of  them  by  the  general 
government,  in  the  same  manner  with  regular  troops;  and 
thus  power  would  be  allowed  an  ambitious  President  to  de- 
stroy the  liberties  of  the  people.  And  the  extreme  of  the 
opposite  construction,  which  would  leave  it  to  the  governor 
of  each  State  when,  and  where,  to  order  out  the  militia, 
might  often  produce  disastrous  results. 

The  opinion  expressed  by  the  men  then  in  power  in  the 
federal  government,  was  quite  different  from  that  which 
they  had  advocated  a  few  years  before,  when  they  were  in 
the  minority.  They  had  insisted  on  a  rigid  construction 
of  the  Constitution,  and  opposed  all  exercise  of  power  in 
Congress  and  in  the  President,  not  plainly  authorized  by 
that  instrument ;  and  contended  strenuously  for  the  right 
of  authority  in  the  State  governments  to  act  in  all  cases, 
not  expressly  granted  to  the  general  government.  And  the 
former  administration  and  its  friends   had   been   charged 


1812]  MADISON.  187 

with  a  design  to  exceed  the  powers  given  by  the  Constitu- 
tion, in  its  strong  measures ;  and  as  aiming  unduly  to  re- 
strict and  lessen  the  authority  of  a  State.  By  claiming  a 
right  to  command  and  control  the  militia,  without  the  ap- 
probation or  consent  of  the  State  authority,  as  was  done  in 
1812,  the  opposite  doctrine  was  assumed  to  be  correct ;  and 
the  practical  result  would  be  a  concentration  of  the  whole 
power  and  force  of  all  the  States  in  the  hands  of  the  Pres- 
ident and  his  agents,  despite  the  dissent  and  remon- 
strance of  the  State  authorities.  The  Constitution  did  not 
give  an  unqualified  or  unlimited  authority  over  the  militia 
to  the  federal  government,  but  confined  it  to  particular  ex- 
igences ;  and  unless  such  occasions  presented,  the  federal 
executive  possessed  no  just  authority  to  command  or  employ 
them.  If  the  President,  and  his  subordinate  officers,  had 
a  constitutional  right  to  call  out  and  employ  the  militia,  as 
asserted,  they  might  require  their  services,  and  keep  them 
under  control,  when  and  as  long  as  they  might  order,  under 
the  pretence,  that  an  invasion  might  take  place  at  some 
future  day,  even  in  six  or  twelve  months ;  and  that  it  was 
necessary  to  be  seasonably  prepared  to  act  for  the  defence 
of  the  country.  The  doctrine  was  so  evidently  liable  to 
abuses  and  an  arbitrary  exercise  of  power,  as  well  as  in- 
compatible with  the  constitutional  rights  of  the  militia,  that 
many  political  friends  of  the  administration  repudiated  it 
by  open  and  explicit  declarations. 

In  several  States,  where  the  militia  were  not  called  into 
the  field,  when  Avar  was  first  declared,  and  their  services 
first  required,  the  legislatures  afterwards  authorized  the 
Governors  to  order  them  out,  in  the  event  of  invasion,  or  of 
imminent  danger  thereof:  and  the  militia  were  actually  and 
readily  employed,  at  subsequent  periods  of  the  war,  when 
the  territory  of  the  United  States  was  invaded,  or  the  ap- 
pearance of  the  enemy  on  the  coasts,  or  near  the  borders, 
indicated  an  intended  attack.* 

When  it  was  known,  that  the  British  orders  in  council, 
so  justly  complained  of,  and  which  furnished  one  of  the 

*  On  application  of  the  people  near  the  northeast  bounds  of  Maine,  then 
part  of  Massachusetts,  the  Governor  ordered  several  companies  of  militia  to 
march  to  that  frontier  for  defence.  They  apprehended  an  attack  from  the 
British  in  New  Brunswick;  and  satisfied  the  Governor  they  had  sufficient  rea- 
son to  feu  invasion  at  that  time.  He  promptly  ordered  a  military  force  for 
their  protection,  though  he  had  declined  to  call  out  the  militia  of  the  State, 
when  the  war  was  first  declared.  He  gave  the  federal  executive  notice  of 
this  measure,  and  declared  his  readiness  to  place  the  men  under  command  of 
an  officer  of  the  United  States  for  the  purposes  of  defence. 


188  FEDERAL  GOVERNMENT.  [1812 

principal  reasons  for  the  declaration  of  war  against  that 
nation,  were  withdrawn,  and  cessation  of  hostilities  or  an 
armistice  proposed,  the  people  of  the  United  States  became 
more  dissatisfied,  and  generally  expressed  a  strong  desire 
for  renewed  negotiations  and  for  peace.  The  views  and 
sentiments  of  a  great  portion,  if  not  of  the  majority  of  the 
citizens,  were  probably  justly  expressed  in  the  resolutions, 
referring  to  the  war  and  the  causes  or  pretences  for  it, 
adopted  by  a  very  large  meeting  in  the  city  of  New  York, 
on  the  19th  of  August,  1812;   and  given  in  the  note  below.* 

*  "Resolved,  that  the  legitimate  objects  of  government  is  the  public  good, 
to  promote  which  its  powers  ought  to  be  exercised  :  That  a  free  people  have 
a  right  to  form  an  opinion  of  the  conduct  of  those  entrusted  with  authority,  and 
to  express  that  opinion:  That  our  national  government  is  an  association  of  the 
States,  for  their  joint  and  several  advantage:  That  exercising  the  powers  of 
that  association,  to  the  great  and  manifest  injury  of  its  members,  is  a  breach  of 
trust:  That  to  adopt  rules  of  proceeding,  by  which  the  people  are  deprived  of 
the  power  of  expressing  their  sentiments  through  their  representatives,  is  a 
violation  of  the  first  principles  of  representative  government:  That  the  pros- 
perity of  the  State  is  principally  derived  from  agriculture  and  commerce:  That 
the  interests  of  these  two  great  sources  of  national  wealth  and  power  are  in- 
separable; wherefore,  the  war,  lately  declared,  being  destructive  to  the  one, 
cannot  but  impair  the  other:  That  war,  one  of  the  greatest  calamities  which 
afflict  mankind,  is,  when  waged  without  just  cause,  an  insult  to  the  divine 
Majesty:  That,  if  undertaken,  however  just  the  cause,  without  probability  of 
success,  is  an  act  of  extreme  imprudence:  That  where  the  injury  whiehmust 
result  is  great  and  manifest,  while  the  object  to  be  secured  is  of  trivial  com- 
parative importance,  the  interest  of  a  nation  ought  not  to  be  hazarded;  still  less 
for  the  gratification  of  personal  partialities  or  resentments:  That  the  war, 
lately  declared  by  a  slender  majority  of  Congress,  is  unwise:  That  the  cir- 
cumstances, under  which  it  was  declared,  were  unfavorable:  That  the  con- 
sequences, to  which  it  leads,  are  alarming:  That  it  is  unwise,  because  if 
unsuccessful,  the  objects  for  which  it  is  waged,  whatever  they  may  be,  will 
probably  be  abandoned:  [They  were  abandoned  or  waived:]  That  the  more 
important  those  objects  are,  the  more  unwise  must  be  a  war  which  rashly  puts 
them  to  the  hazard:  That  if  it  be  intended  to  establish  national  rights,  it  ought 
to  have  been  considered,  that  those  rights,  though  violated,  could  not,  while 
claimed,  be  considered  as  abandoned;  whereas,  if  at  the  end  of  an  unsuccess- 
ful war,  the  nation  should  relinquish  them  for  the  sake  of  peace,  they  will  be 
annihilated;  or,  at  least,  will  depend  on  the  issue  of  another  bloody  contest: 
That  it  would  have  been  difficult  to  select  a  moment  more  unfavorable  for  a 
measure  so  portentous;  the  United  States  unprepared,  the  treasury  empty, 
articles  of  primary  importance  omitted  to  be  procured  in  season,  and  not  now 
to  be  purchased,  much  of  the  funds  of  our  mercantile  citizens  in  the  hands  of 
those  now  by  Congress  made  our  enemies,  property  to  a  large  amount  afloat 
on  every  sea,  the  revenue  impaired  by  imprudent  commercial  restrictions,  and 
now  by  the  war  destroyed;  the  nation  against  whom  the  war  is  declared,  com- 
pletely armed  and  possessed  of  ample  means  to  protect  herself  and  to  annoy 
us,  her  fleet  mistress  of  the  ocean,  and  in  a  capacity  to  lay  waste  many  of  our 
maritime  cities  and  towns:  That  a  comparison  of  the  condition,  in  which  the 
two  nations  stood  at  the  time  of  that  declaration,  and  in  which  they  now  stand, 
is  alone  sufficient  to  show  that  in  making  it,  our  rulers  were  not  possessed  of, 
or  did  not  exercise,  a  sound  political  discretion:     That  a.  defensive  war  is  to  be 


1812]  MADISON.  189 

It  was  the  largest  assembly  of  respectable  citizens  ever 
witnessed  in  that  place  ;  and  was  attended  by  the  most 
distinguished  and  experienced  patriots  of  that  city  and 
vicinity  ;  among  whom  were  John  Jay,  who  had  been  a 
member  of  the  first  continental  Congress,  in  September, 
1774,  chief  justice  of  the  Supreme  Court  of  the  United 
States,  secretary  of  foreign  affairs  in  the  time  of  the  old 
Congress,  Governor  of  the  State  of  JSew  York,  and  envoy 
extraordinary  to  the  court  of  England,  in  1794,  appointed 
by  Washington  ;  Rufus  King,  who  was  an  early  member 
of  the  old  Congress,  a  delegate  in  the  Convention  for  form- 
ing the  federal  Constitution,  a  Senator  in  Congress  after- 
wards for  several  years,  and  then  minister  to  Great  Britain  : 
Governeur  Morris,  also  one  of  the  delegates  in  the  Conven- 
tion which  formed  thefederal  Constitution,  an  envoy  to  the 
court  of  France,  and  late  a  Senator  in  Congress ;  Egbert 
Benson,  Judge  of  the  District  court  of  the  United  States, 
and  many  years  before,  a  member  of  Congress;  Matthew 
Clarkson  and  Richard  Varick,  distinguished  patriots  of  the 
Revolution,  and  eminent  for  their  public  services  and  moral 
worth.     The  resolutions  were  prepared  by  these  individuals. 

sustained  by  every  effort  and  under  the  pressure  of  every  calamity,  but  previous 
to  the  commencement  of  offensive  war,  common  sense  would  have  dictated  to 
men  of  an  ordinary  capacity,  to  restore  the  revenue,  to  replenish  the  treasury, 
permit  our  citizens  to  bring  home  the  wealth  which  in  the  course  of  a  lucrative 
commerce  they  have  scattered  abroad;  fill  the  military  arsenals  and  magazines; 
and  above  all,  build  and  equip  a  respectable  navy:  That  a  calm  review  of  the 
conduct  which  has  been  pursued,  and  which  is  so  utterly  irreconcilable  to  the 
maxims  of  common  prudence,  so  little  commended  by  any  facts  which  have 
been  exhibited  to  public  view,  and  so  fatal  to  the  dearest  interests  of  this 
country,  leaves  no  room  to  doubt  of  the  alarming  consequences  to  which  it 
leads:  That  we  are  irresistibly  drawn  to  the  conclusion,  that  the  American 
people  will,  under  the  name  and  form  of  an  alliance,  be  submitted  to  the  will 
and  power  of  the  French  Emperor:  That  in  this  view  of  the  subject,  the  ques- 
tion of  peace  or  war,  involves  all  that  is  dear  and  '  valuable  to  men  on  this  side 
the  grave.'  We  are,  therefore,  under  the  dire  necessity  of  declaring,  that  we 
have  no  confidence  in  the  men  who  have  brought  us  to  this  perilous  condition. 
We  do  not,  because  we  cannot,  examine  the  causes  of  that  management,  the 
mischievous  effects  of  which  we  so  deeply  feel  and  so  seriously  apprehend; 
but  called  upon  by  an  imperious  sense  of  duty,  we  declare  our  sentiments,  and 
we  entreat  our  fellow  citizens  to  declare  theirs.  We  implore  them  to  lay  aside 
party  distinctions,  to  banish  party  feelings,  and  to  unite.  In  union  is  force,  in 
force  safety.  If  it  shall  appear  that  the  majority  is  in  favor  of  war,  be  it  so ; 
we  must  submit.  If,  as  we  fully  believe,  a  great  majority  is  desirous  of  peace, 
let.  the  fact  be  known:  and  to  this  end  we  propose,  that  representatives  be 
chosen  in  the  several  counties  of  this  State,  discreet  men  and  friends  of  peace, 
to  correspond  or  confer  with  each  other,  and  co-operate  with  the  friends  of 
peace  in  other  States,  in  devising  and  pursuing  such  constitutional  measureg 
as  may  secure  our  liberties  and  independence,  and  preserve  our  Union,  which 
are  endangered  by  the  present  war." 


190  FEDERAL  GOVERNMENT.  [1812 

This  was  a  period  of  groat  anxiety  and  of  uncommon 
excitement.  There  was  not  only  an  apprehension  of  ex- 
tensive calamity,  the  natural  consequence  of  war,  an  accu- 
mulation of  the  public  debt,  loss  of  property,  detriment  to 
commerce,  and  sacrifice  of  human  life  ;  but  a  fear  of  undue 
military  authority,  of  the  exercise  of  arbitrary  power,  under 
the  plea  of  necessity,  of  a  resort  to  unjust  and  oppressive 
acts  to  oblige  the  people  to  support  the  war ;  and  most  of 
all,  a  close  connection,  or  alliance,  with  the  French  govern- 
ment, then  a  most  alarming  and  despotic  power,  though 
professing  to  be  friendly  to  republican  States;  the  nation 
being  then  entirely  subject  to  the  will  of  one  man,  whose 
ambition  was  unbounded,  and  whose  want  of  moral  princi- 
ple was  such,  as  that  no  reliance  could  be  placed  on  his 
promises  or  his  justice.  It  was  believed  to  be  the  natural 
consequence  of  a  war  with  England,  especially  as  it  was 
waged,  with  the  approbation,  if  not  by  the  dictation,  of  the 
Emperor,  and  was  likely  to  operate  in  furtherance  of  his 
views  of  universal  empire. 

The  spirit  and  language  of  the  warm  friends  of  the  ad- 
ministration, soon  after  war  was  declared,  served  also  to 
alarm  the  fears  of  the  people,  and  to  induce  the  more  intel- 
ligent to  ponder  on  the  policy  and  movements  of  the  ad- 
ministration. It  was  openly  declared,  by  the  advocates  for 
war,  "  that  there  could  no  longer  be  endured,  any  expres- 
sions of  disapprobation  of  the  measures  of  Congress  or  of 
the  federal  executive — that  the  time  for  discussion  was  past, 
,and  all  must  now  unite  in  support  of  the  war,  in  person, 
or  by  contributions."  In  some  instances,  direct  threats 
were  uttered  towards  such  as  spoke  against  the  policy  of 
war  measures ;  and  acts  of  violence  were  committed,  by 
mobs,  on  peaceable  citizens,  for  daring  to  speak  or  write 
against  the  war.  The  streets  of  Baltimore  were  moistened 
with  the  blood  of  some  of  her  most  worthy  and  patriotic 
eitizens,  who  exercised  the  rights  of  freemen,  by  discussing 
the  measures  of  the  administration.  In  other  places,  indi- 
viduals were  threatened  with  violence,  unless  they  would 
contribute  to  funds  for  carrying  on  the  war,  by  making 
loans  to  the  government,  which  had  incurred  great  expenses 
without  any  means  to  meet  them. 

The  general  character  of  the  individual,  then  President 
of  the  United  States,  was  such  as  would  have  led  to  the 
opinion,  that  he  would  not  hastily  give  his  consent  to  war. 
He  had  none  of  the  peculiar  attributes  of  a  military  hero, 
and  had  never  been  a  soldier.  He  was  esteemed  as  a  phi- 
losopher, or  a  statesman  in  a  republic,  when  war  is  not  to 


1812]  MADISON.  191 

be  supposed  to  occur,  unless  in  extreme  cases  for  defence. 
And  many  anxiously  interrogated,  whether  there  was  not 
some  strange  infatuation  prevailing  in  the  federal  councils; 
or  whether  the  measure  of  an  offensive  war  could  be  ac- 
counted for  on  the  supposition  of  unreasonable  prejudices 
and  antipathies  towards  Great  Britain,  and  of  equally 
unreasonable  partialities  for  France.  For  sometime,  it 
appeared,  that  the  reign  of  terror  had  commenced  ;  and  that 
similar  scenes  of  violence  were  to  be  witnessed,  as  had  been 
in  revolutionary  France ;  but  there  was  too  much  intelligence 
and  love  of  order,  and  too  great  a  love  of  rational  liberty, 
indeed,  to  allow  such  a  state  of  things  long  to  exist  in  the 
United  States  ;  and  the  tone  and  conduct  of  the  inconsid- 
erate friends  of  the  administration  soon  became  more  prudent 
and  proper.  The  war  had  its  course,  under  the  direction 
of  the  federal  government,  to  which  it  exclusively  belonged 
to  continue  it,  or  to  make  peace.  Many  assisted  no  farther 
than  the  laws  required,  and  continued  to  express  a  desire 
that  it  might  soon  be  brought  to  an  end.  The  number,  who 
were  dissatisfied  with  the  war,  and  who  wished  for  its  ter- 
mination, constantly  increased  ;  and  this  was,  probably,  one 
consideration  with  the  federal  administration  for  giving  in- 
structions, in  1814,  to  its  ministers  then  in  Europe,  to  enter 
into  fresh  negotiations  for  peace. 

The  first  military  effort  after  the  war  began,  was  at- 
tended with  defeat  and  disgrace.  A  large  force  was  then 
at  Detroit,  and  were  soon  ordered  to  invade  the  neighbor- 
ing British  province  of  Upper  Canada,  but  they  were  not 
sufficiently  provided  with  munitions  of  war  to  authorize 
such  an  expedition.  It  was,  indeed,  supposed  that  most 
of  the  Canadians  would  submit  without  resistance,  but  this 
proved  to  be  a  great  mistake.  The  American  troops,  under 
General  Hull,  passed  over  the  lake,  and  effected  a  landing 
on  the  Canada  side,  without  opposition.  They,  however, 
did  not  meet  with  friends  to  welcome  or  assist  them,  as 
they  had  hoped ;  and  some  regular  British  troops  in  that 
province,  whose  commander  had  early  intelligence  of  the 
war,  were  promptly  marched  to  defend  that  part  of  the 
country  where  the  Americans  had  proceeded.  The  cannon 
of  the  latter  was  found  to  be  in  almost  a  useless  state,  and 
General  Hull  returned  to  Detroit  without  capturing  any 
important  post,  or  acquiring  any  military  honors.  The 
British  general  in  that  quarter,  who  appears  to  have  been 
a  character  of  decision  and  energy,  soon  made  an  attack  on 
Detroit,  and  the  American  commander  surrendered  to  him 
that  important  post.     He  was  highly  censured  by  the  ad- 


192  FEDERAL  GOVERNMENT.  [1812 

ministration  and  its  friends,  and  afterwards  arrested  and 
tried,  on  a  charge  of  cowardice  and  treason.  Others,  with- 
out justifying  his  conduct  on  that  occasion,  believed  there 
was  some  apology  for  him,  in  the  inefficient  preparation 
which  had  been  made,  to  enable  him  to  defend  his  po- 
sition. 

Another  invasion  of  Canada  was  made  in  October,  by 
the  United  States  troops,  a  great  portion  of  which  were  the 
militia  of  New  York.  They  were  under  the  immediate 
command  of* Major  General  Stephen  Van  Rensselaer,  of  that 
State,  and  numbered  over  two  thousand.  He  crossed  the 
river  opposite  to  Queenstown,  on  the  Canada  side,  and  im- 
mediately attacked  and  took  possession  of  the  town,  but 
not  without  a  vigorous  resistance,  and  many  of  his  troops 
killed  and  wounded.  A  large  regular  British  force,  which 
was  in  the  vicinity,  promptly  marched  to  Queenstown,  and 
a  severe  battle  ensued.  The  United  States  troops  at 
Queenstown  were  not  supported  by  those  on  the  eastern  side 
of  the  river,  as  was  expected,  and  although  General  Rens- 
selaer passed  over  and  urged  their  crossing  the  river. 
These  were  mostly  militia,  and  they  refused  to  proceed  to 
Queenstown,  as  directed.  The  British  were  more  numerous 
than  those  from  the  United  States,  who  had  crossed  the 
river ;  and,  under  the  command  of  brave  and  skilful  officers, 
they  overpowered  the  latter.  A  great  slaughter  was  made 
of  the  United  States'  troops,  and  many  officers  were  killed 
or  wounded,  and  about  four  hundred  taken  prisoners. 

A  third  invasion  of  Canada  was  projected  soon  after  this 
defeat,  but  was  not  carried  into  execution,  except  that 
a  small  detachment  passed  over  to  the  Canada  side,  and, 
attacking  a  fort  near  the  river,  returned  in  a  few  hours. 
The  preparations  deemed  necessary  for  the  invasion  occu- 
pied much  time,  and  it  became  too  late  in  the  season  to 
commence  offensive  operations  with  any  hope  of  success. 
It  was  believed  necessary  to  make  the  invasion,  if  at  all, 
with  six  thousand  men;  and  though  the  troops  then  in 
service  in  that  quarter  amounted  to  eight  thousand  or  more, 
many  were  debilitated  by  sickness.  And  probably  the  re- 
verses which  had  already  occurred,  induced  the  command- 
ing officer  to  refrain  from  another  attack,  without  a  more 
powerful  army.  Proclamations  were  issued,  however,  of 
a  boasting  and  threatening  character,  not  much  to  the  credit 
of  the  writers,  either  on  the  score  of  wisdom  or  bravery. 
But  it  ought  to  be  recollected,  that  it  was  not  supposed  by 
the  administration,  that  any  very  great  opposition  would 
be  made  by  the  Canadians,  and  that  the  United  States' 


1812]  ^  MADISON.  193 

army  was  not  sufficiently  provided  to  ensure  success  in  the 
invasion  of  that  country.  In  truth,  the  army,  and  its  offi- 
cers, were  more  formidable  in  this  paper  warfare,  than  in 
efficient  action.  The  troops  were  ordered  into  winter 
quarters  in  different  places ;  and  thus,  the  land  campaign 
of  1812  was  brought  to  a  close,  without  giving  much  an- 
noyance to  the  British,  or  procuring  much  glory  to  those 
who  planned  or  engaged  in  it.  A  belief  had  been  enter- 
tained by  the  friends  of  the  administration,  that  Canada 
would  readily  submit  to  the  United  States,  and  that  a  small 
military  force  would  soon  subdue  the  British  provinces. 
How  this  enterprise,  even  if  successful,  was  to  establish  the 
maritime  rights  of  the  United  States,  did  not  fully  appear : 
and  it  became  evident,  that  the  people  generally  did  not 
justify  the  invasion  of  the  enemy's  territory,  when  they 
had  been  often  assured  that  the  war  was  entirely  in  defence 
of  individual  or  national  rights. 

The  naval  arm  of  the  United  States  proved  more  efficient 
and  more  useful.  Compared  to  that  of  Great  Britain,  indeed, 
the  American  navy  was  quite  insignificant,  and  altogether 
inadequate  to  contend  with  the  naval  power  of  that  nation. 
Yet  it  was  repeatedly  successful  in  contests  with  single  British 
ships  of  war  of  equal  and  even  of  larger  size.  The  American 
naval  commanders  exhibited  equal  enterprise  and  courage ; 
and  had  the  navy  been  cherished  and  augmented  for  the 
previous  ten  years,  as  many  judicious  statesmen  proposed, 
it  would  have  been  far  more  efficient  than  it  was.  By  the 
provident  enterprise,  and  the  prompt  action  of  the  few  pub- 
lic armed  vessels  then  in  service,  much  property  was  saved 
to  the  United  States,  and  the  British  were  led  to  acknowl- 
edge the  great  skill  and  bravery  of  Americans  on  the 
ocean,  where  that  nation  had  long  borne  undisputed  sway. 

The  administration  now  became  convinced  of  the  vast 
importance  of  a  navy ;  and,  from  this  period,  was  in  favor 
of  its  increase.  At  the  session  of  Congress  in  March,  1812, 
and  a  short  time  before  the  declaration  of  war  against 
Great  Britain,  it  was  ordered  that  the  few  frigates  then  be- 
longing to  the  United  States,  should  be  repaired  ;  and  three 
others,  then  on  the  stocks,  should  be  completed.  Three 
hundred  thousind  dollars  were  voted  for  these  purposes. 
But,  in  December  following — after  several  successful  naval 
enterprises,  which  not  only  displayed  the  bravery  of  the 
officers  and  seamen,  but  rendered  essential  service  to  the 
nation — further  and  more  liberal  appropriations  were  made 
for  the  augmentation  of  the  navy.  Two  millions  and  a 
half  dollars  were  devoted  to  this  object,  and  the  President 
25 


194  FEDERAL  GOVERNMENT.  [1812 

was  authorized  to  build  four  ships  of  the  line,  of  seventy- 
four  guns  each  ;  six  large  frigates,  of  forty-four  guns  ;  and 
six  sloops  of  war,  of  twenty  guns.  He  had  power  given 
him  also  to  purchase  or  procure  other  sloops  of  war,  and 
smaller  vessels,  for  the  public  service ;  and  the  further  sum 
of  two  hundred  thousand  dollars  was  appropriated  for  that 
purpose.  Though  the  war  was  opposed  by  a  large  portion 
of  the  people  at  first,  and  as  the  repeal  of  the  British  orders 
in  council,  soon  after  followed,  and  the  disasters  and  de- 
feats suffered  by  the  army  on  the  northwest  borders,  yet  the 
additional  expenses  incurred  for  increasing  the  navy,  were 
almost  universally  approved.  The  measure  indicated  a 
disposition  to  defend  the  maritime  rights  of  the  nation, 
which  the  policy  for  some  years  previously  pursued,  seemed 
to  sacrifice  or  abandon.  It  had  been  often  said,  by  a  por- 
tion of  the  people,  that,  unless  it  was  in  the  policy  of  the 
administration  from  1806  to  1812,  to  retire  from  the  ocean, 
and  to  relinquish  all  commercial  pursuits,  it  would  be  essen- 
tial to  prepare  a  respectable  naval  force.  The  people  in  the 
Atlantic  States  were  decided  and  earnest  in  favor  of  a 
navy ;  and  the  neglect  of  the  federal  government,  during 
the  period  just  mentioned,  to  increase,  or  to  keep  it  in  its 
former  state  even,  served  to  destroy  all  confidence  in  the 
wisdom  of  the  dominant  party.  The  regard  manifested 
by  the  administration  for  giving  strength  to  the  navy,  at 
this  time,  therefore,  gave  much  satisfaction  to  the  people, 
and  saved  the  federal  rulers  from  a  total  loss  of  confidence 
in  the  majority.  Their  conduct  in  this  respect,  did  not  in- 
deed, make  many  converts  to  the  war  policy,  but  a  hope 
was  thereby  raised,  that  the  commercial  and  maritime 
rights  of  the  nation  were  not  disregarded  nor  undervalued. 

The  Congress  met  on  the  first  Monday  of  November, 
1812,  as  had  been  provided  by  a  law  passed  in  July  pre- 
vious, when  the  former  session  was  closed.  The  message 
of  the  President  to  the  federal  legislature,  in  compliance 
with  a  provision  in  the  Constitution,  "  that  he  should  give 
Congress  information,  from  time  to  time,  of  the  state  of  the 
Union,  and  recommend  to  their  consideration  such  meas- 
ures as  he  might  judge  necessary  and  expedient,"  will  best 
disclose  the  opinions  and  views  of  the  administration  at 
this  very  critical  period,  and  describe  the  condition  of  the 
United  States,  as  to  public  and  national  affairs. 

The  message  states,  "that,  as  a  measure  of  precaution 
and  forecaste,  a  large  force  was  placed  at  Detroit,  before 
the  declaration  of  war,  with  a  view  to  its  security ;  and,  in  the 
event  of  war,  to  such  operations  in  Upper  Canada,  as  would 


1812]  MADISON.  195 

prevent  the  influence  of  the  British  [officers  or  agents]  over 
the  savages,  obtain  command  of  the  lake,  on  which  Up- 
per Canada  borders,  and  maintain  co-operating  relations 
with  such  forces  as  might  be  employed  against  other 
parts  "  [of  the  British  Provinces.]  The  unfortunate  result 
of  General  Hull's  invasion  of  Upper  Canada,  and  the  fall 
of  Detroit  are  then  noticed.  Complaint  is  then  made  of 
the  employment  of  the  savage  tribes,  by  the  British  gen- 
eral, in  attacks  on  the  troops  and  inhabitants  of  the  United 
States. 

The  protection  of  the  northwestern  frontiers,  it  is  added, 
had  been  given  to  General  Harrison,  "  who  had  the  entire 
confidence  of  his  fellow-soldiers  and  fellow-citizens,  in  that 
part  of  the  country."  The  message  refers  to  the  attack 
made  on  Queenstown  under  General  Van  Rensselaer,  in  Oc- 
tober ;  and  it  is  said,  "  that  the  attack  was  conducted  with 
distinguished  gallantry."  The  President  says,  the  object 
had  been  "  to  gain  command  of  the  lakes  ;  and  that  a  na- 
val force  would  be  provided  there  superior  to  that  of  the 
British."  The  refusal  of  the  Governors  of  Massachusetts 
and  Connecticut  to  call  out  the  militia  and  place  them  un- 
der the  command  of  an  officer  of  the  regular  army,  was 
thus  noticed  in  the  message  ;  "if  the  authority  [of  the  fed- 
eral government]  to  call  the  militia  into  service  and  com- 
mand for  the  public  defence,  can  be  thus  frustrated,  in  a 
state  of  war,  and  of  course^  under  apprehensions  of  inva- 
sion preceding  war,  we  are  not  one  nation  for  the  purpose 
most  of  all  requiring  it ;  and  the  public  safety  may  have 
no  other  resource  than  in  those  large  and  permanent  mili- 
tary establishments,  which  are  forbidden  by  the  principles 
of  our  free  government,  and  against  the  necessity  of  which 
the  militia  were  intended  to  be  a  constitutional  bulwark." 

"  On  the  coasts  and  on  the  ocean,  the  war  has  been  as 
successful,  as  circumstances  connected  with  its  early  stages 
could  promise.  Our  public  ships  and  private  cruisers,  by 
their  activity,  and  where  there  was  occasion,  by  their  in- 
trepidity, have  made  the  enemy  sensible  of  the  difference 
between  a  reciprocity  of  captures,  and  the  long  confine- 
ment of  them  to  their  side.  Our  trade,  with  some  excep- 
tions, has  safely  reached  our  ports,  having  been  much  fa- 
vored and  protected  by  our  public  armed  vessels. 

"Anxious  to  abridge  the  evils  from  which  a  state  of 
war  cannot  be  exempt,  I  lost  no  time,  after  it  was  declared, 
in  conveying  to  the  British  government  the  terms  on  which 
its  progress  might  be  arrested,  without  waiting  the  delays 
of  a  formal  and  final  pacification  ;  and  the  Envoy  at  Lon- 


196  FEDERAL  GOVERNMENT.  [1812 

don  was  authorized  to  agree  to  an  Armistice  founded  upon 
them.  These  terms  required,  that  the  orders  in  council 
should  be  repealed  as  they  affected  the  United  States,  with- 
out a  revival  of  blockades  violating  acknowledged  rules  : 
that  there  should  be  an  immediate  discharge  of  American 
seamen  from  British  ships,  and  a  stop  put  to  impressments 
from  American  ships  in  future  ;  with  an  understanding 
that  an  exclusion  of  the  seamen  of  each  nation  from  the 
ships  of  the  other  should  be  stipulated ;  and  that  the  Ar- 
mistice should  be  improved  into  a  definitive  and  compre- 
hensive adjustment  of  depending  controversies. 

"Although  a  repeal  of  the  orders  in  council,  susceptible 
of  explanation  meeting  the  views  of  this  government,  had 
taken  place  before  this  pacific  advance  was  communicated 
to  that  of  Great  Britain,  the  proposition  was  declined,  from 
an  avowed  repugnance  to  suspend  the  practice  of  impress- 
ments during  the  Armistice :  and  without  any  intimation 
that  the  arrangement  proposed  respecting  seamen  would  be 
accepted.  Whether  the  subsequent  communications  from 
this  government,  affording  an  occcasion  for  reconsidering 
the  subject,  on  the  part  of  Great  Britain,  will  be  viewed  in 
a  more  favorable  light,  remains  to  be  known.  It  would  be 
unwise  to  relax  our  measures,  on  a  presumption  of  such  a 
result. 

"  Our  affairs  with  France  retain  the  posture  which  they 
held  at  my  last  communications  to  Congress.  Notwith- 
standing the  authorized  expectation  of  an  early  and  favora- 
ble issue  to  the  discussions  on  foot,  these  have  been  procras- 
tinated to  the  latest  dates.  The  only  occurrence  meriting 
attention  is  the  promulgation  of  a  French  decree,  purport- 
ing to  be  a  definitive  repeal  of  the  Berlin  and  Milan  de- 
cree. This  proceeding,  although  made  the  ground  of  the 
repeal  of  the  British  orders,  is  rendered,  by  the  time  and 
manner  of  it,  liable  to  many  objections. 

"  With  a  view  to  that  vigorous  prosecution  of  the  war,  to 
which  our  national  faculties  are  adequate,  the  attention  of 
Congress  will  still  be  particularly  drawn  to  the  insufficiency 
of  existing  provisions  for  filling  up  the  military  establish- 
ment. A  revision  of  the  militia  laics,  for  the  purpose  of 
rendering  them  more  systematic,  and  better  adapting  them 
to  the  emergences  of  the  war,  is  at  this  time  particularly 
desirable."* 

*  It  is  stated  in  the  message,  that  the  receipts  into  the  treasury,  for  the 
year  ending  in  September,  were  sixteen  and  a  half  millions  of  dollars — that 
three  millions  of  the  principal  of  the  public  debt  had  been  paid ;  but  six  mil- 
lions had  been  received  on  loans  ;  and  that  eleven  millions  had  been  actually 
received  on  loans,  at  different  times. 


1812]  MADISON.  197 

This  statement  of  national  affairs  was  as  favorable  to  the 
conduct  of  the  administration  as  conld  possibly  be  made; 
and  made,  it  should  be  recollected,  by  one  interested  to 
render  it  as  plausible  and  justifiable  as  might  be,  of  the 
measures  and  policy  adopted.  It  appears  to  have  been  an 
early  plan  of  the  executive  to  send  troops  into  Canada, 
and  to  take  possession  of  that  territory.  Reliance  was  also 
evidently  placed,  on  the  assistance  of  the  militia,  not  merely 
for  defence  in  case  of  invasion  of  the  United  States  when  the 
British  became  an  enemy,  by  the  declaration  of  war;  but 
for  increasing  the  force  ordered  to  enter  the  British  territory 
for  conquest;  and  for  regular  service  in  the  war,  in  such 
manner  and  to  such  extent  as  the  federal  executive  might 
think  proper ;  instead  of  calling  on  them,  as  the  Constitution 
had  provided,  to  defend  the  country  against  invasion. 

By  the  correspondence  between  Admiral  Warren,  then 
Commander-in-Chief  of  all  the  British  forces  on  and  near 
the  American  continent,  and  the  Secretary  of  State  of  the 
United  States,  which  the  President  communicated  to  Con- 
gress, at  this  time ;  as  well  as  by  a  proposition  made  by 
the  British  Commander-in-Chief  in  Canada ;  it  was  offi- 
cially notified  to  the  American  administration,  that  the 
orders  in  council  were  repealed  on  the  twenty-third  of  June ; 
it  was  also  proposed  to  suspend  hostilities  between  the  two 
nations ;  and  to  enter  anew  on  negotiations  relating  to  the 
laws  of  Congress  interdicting  the  commerce  and  ships  of 
war  of  Great  Britain  from  the  harbors  and  waters  of  the 
United  States ;  and  to  the  permanent  revocation  of  the 
British  orders  in  council. 

But  this  proposition  was  not  favorably  received  by  the 
American  administration ;  and  in  reply  to  it,  the  Secretary 
of  State  was  directed  by  the  President  to  declare,  "  that  a 
suspension  of  the  claim,  or  forbearance  to  press  or  act  upon 
it,  during  the  cessation  of  hostilities,  was  indispensable  to 
such  cessation  ;  for  experience  had  fully  evinced  that  no 
peace  could  be  durable  unless  this  object  were  provided 
for."  But  the  instructions  to  the  British  Admiral,  author- 
izing him  to  propose  a  cessation  of  hostilities,  and  to  enter 
on  further  negotiations  for  the  speedy  restoration  of  peace, 
did  not  authorize  him  to  adjust  or  discuss  the  subject  of 
impressments. 

The  Secretary  added,  "  without  further  discussing  ques- 
tions of  right,  the  President  is  desirous  to  provide  a  remedy 
for  the  evils  complained  of  on  both  sides.  The  claim  of  the 
British  government  is  to  take  from  the  merchant  vessels  of 
other  countries  all  British  subjects.     In  this  practice,  the 


198  FEDERAL  GOVERNMENT.  [1812 

commanders  of  British  ships  of  war  take  from  vessels  of 
the  United  States  American  citizens.  If  the  United  States 
prohibit  the  employment  of  British  subjects  in  their  ser- 
vice, and  enforce  the  prohibition,  by  suitable  regulations 
and  penalties,  the  motive  for  the  practice  is  taken  away. 
It  is  in  this  mode,  that  the  President  is  willing  to  accom- 
modate this  important  controversy  with  the  British  govern- 
ment ;  and  it  cannot  be  conceived  on  what  ground  the  ar- 
rangement can  be  refused. 

"  A  suspension  of  the  practice  of  impressment,  pending 
the  armistice,  seems  to  be  a  necessary  consequence.  It 
cannot  be  presumed,  while  the  parties  are  engaged  in  a 
negotiation  to  adjust  amicably  this  important  difference, 
that  the  United  States  would  admit  the  right,  or  acquiesce 
in  the  practice  of  the  opposite  party ;  or  that  Great  Britain 
would  be  unwilling  to  restrain  her  cruisers  from  a  practice, 
Avhich  would  have  the  strongest  tendency  to  defeat  the  ne- 
gotiation. It  is  presumable,  that  both  parties  would  enter 
into  a  negotiation  with  a  sincere  desire  to  give  it  effect. 
For  this  purpose  it  is  necessary  that  a  clear  and  distinct 
understanding  be  first  obtained  between  them,  of  the  acr 
commodation  which  each  is  prepared  to  make.  If  the 
British  government  is  willing  to  suspend  the  practice  of 
impressment  from  American  vessels,  on  consideration  that 
the  United  States  will  exclude  British  seamen  from  their 
service,  the  regulations  by  which  this  compromise  should 
be  carried  into  effect,  would  be  solely  the  object  of  nego- 
tiation. The  armistice  would  be  of  short  duration.  If  the 
parties  agreed,  peace  would  be  the  result.  If  the  negotia- 
tion failed,  each  would  be  restored  to  its  former  state  and 
to  all  its  pretensions,  by  recurring  to  war," 

The  conduct  of  the  administration,  in  reference  to  the  pro- 
posal of  the  British  government,  for  a  cessation  of  hostil- 
ities, and  an  adjustment  of  the  long-existing  disputes  be- 
tween the  two  nations,  was  a  subject  of  much  discussion 
through  the  United  States.  By  a  moiety,  if  not  the  major- 
ity of  the  citizens,  the  course  pursued  by  the  federal  exe- 
cutive was  justified  and  approved  ;  the  rights  of  the  nation, 
and  of  the  seamen  particularly,  requiring  the  rejection  of 
the  overtures  made  by  the  British,  and  a  vigorous  prosecu- 
tion of  the  war  ;  while  a  large  portion,  perhaps  one  half  of 
the  people,  as  some  writers  asserted,  being  either  opposed 
to  the  war  at  first,  or  at  the  unsuccessful  enterprises  of  the 
army,  and  believing  that  the  offers  of  the  British  govern- 
ment were  consistent  both  with  the  welfare  and  honor  of 


1812]  MADISON.  199 

the  nation,  condemned  the  policy  of  the  administration  in 
strong   terms;    and  fully    expressed    their   apprehensions, 
that  the   war  must  continue  many  years,  if  peace  could 
only  be  restored  on  the  conditions  urged   by   the   federal 
rulers;  and  that  the  consequence  would  be  a  close  alliance 
with  France,  then  governed  by  a  military  despot.     It  was 
believed  the  British  ministry  would  never  surrender  the 
claim  to  search  and  take   their  own   seamen  from  neutral 
merchant  vessels — the  right  to  take  them  by  force  from 
public  armed  ships  was  given  up — and   that  it  was  impro- 
per to  require  it :  and  to  continue  the  war,  therefore,  while 
this  was  the  only  or*  chief  difficulty  in  the  way  of  negotia- 
tion and  peace,  was  alike  inexpedient  and  unjust.     The 
war,   however,   was  still   prosecuted ;    and  more   efficient 
measures  were  adopted  by  Congress  to  render  it  successful. 
The  people  were  led  to  believe,  by  a  partial  statement  of 
facts,  and  by  addresses  to  their  prejudices,  that  Great  Bri- 
tain was  aiming  to  subdue  the  United  States,  and  to  bring 
them  back  to  their  former  allegiance  to  the  British  king ; 
and  many   were  directly  interested  in   the  continuance  of 
war,  as  it  gave  them   office  and  employment.     A  small 
majority  in  Congress,   also  approved  of  the  opinions   and 
views  of  the  President,  as  given  in  his  message;  and  ex- 
pressed their  approbation  of  his  rejection  of  the  proposed 
cessation  of  hostilities  by  the  British,  on  the  terms  offered ; 
insisting  "  that  the  impressment  of  seamen  being  the  princi- 
pal cause  of  war,  it  must  be  prosecuted  till  that  cause  was 
removed."     On  some  other  important  subjects,  connected 
with  the  policy  of  the  war,  the  majority  of  the  federal  legis- 
lature  could  not    be  persuaded  to  support  the  measures 
proposed  by  the  warm  friends  of  the  administration.     A 
law  for  the  relief  of  merchants  who  had  imported  British 
goods  after  the  23d  of  June,  and  before  the   15th  of  Sep- 
tember, was  passed,  though  opposed  by  most  of  the  mem- 
bers who  approved  of  the  war.     And  the  bill  for  increasing 
the  naval  establishment  was  also  opposed  by  many  friends 
of  the  administration;  but  finally  received  the  sanction  of 
the  majority  of  Congress. 


200  FEDERAL  GOVERNMENT.  [1813 


CHAPTER  IX. 

Prosecution  of  the  War.  Terms  Offered  for  Cessation  of  Hostilities  by  Great 
Britain  Rejected.  British  Orders  in  Council  Repealed.  Charges  of  French 
Influence.  Disasters  of  the  United  States'  Troops  on  the  Borders  of  Canada. 
Inadequate  Means  of  War.  Further  Call  for  Militia.  Dispute  on  the  Power 
of  Congress  over  the  Militia.  Naval  Victories.  Success  on  Lake  Erie. 
And  of  General  Harrison,  at  Fort  Meigs,  and  Maiden,  &c.  Invasion  of  Can- 
ada Unsuccessful.  War  Unpopular.  New  Terms  of  Peace  proposed.  Peace 
Made,  without  Obtaining  any  of  the  Objects  for  which  War  was  Declared. 

Mr.  Madison,  of  Virginia,  was  again  elected  President  of 
the  United  States,  for  the  term  of  four  years,  from  the 
fourth  of  March,  1813.  De  Witt  Clinton,  of  New  York, 
was  the  other  candidate  for  that  high  and  responsible  office. 
He  was  supported  by  those  who  considered  the  war  un- 
necessary, and  who  were  desirous  of  restoring  peace  be- 
tween the  United  States  and  Great  Britain.  Mr.  Madison 
received  107  votes,  and  Mr.  Clinton  89.  Elbridge  Gerry, 
of  Massachusetts,  who  had  been  governor  of  the  State,  for 
1S10  and  1811,  was  chosen  Vice  President.  Some  changes 
were  made  in  the  Cabinet,  at  this  time ;  General  Armstrong, 
of  New  York,  was  appointed  Secretary  of  War,  in  the  place 
of  William  Eustis,  who  resigned ;  and  William  Jones  of  Penn- 
sylvania was  placed  at  the  head  of  the  Navy  department. 

In  the  month  of  January,  1813,  another  disaster  fell  on  a 
part  of  the  northwestern  army,  near  lake  Erie,  at  the  river 
Raisin.  A  detachment  of  the  Americans  had  been  sent  under 
Colonel  Lewis,  to  take  possession  of  that  site,  as  important 
for  the  occupation  of  the  United  States'  troops.  After  a  short 
engagement,  the  place  was  taken  by  the  men  under  Colonel 
Lewis.  This,  however,  was  not  an  affair  of  much  moment, 
for  only  a  few  of  the  enemy  were  then  stationed  there. 
Without  orders  from  Major  General  Harrison,  the  Com- 
mander-in-Chief in  that  part  of  the  country,  Brigadier  Gen- 
eral Winchester  proceeded  to  support  Colonel  Lewis,  with 
two  hundred  and  fifty  more  men;  fearing  he  would  be 
attacked  and  overpowered  by  the  British  and  Indians,  then 
in  large  numbers  in  that  vicinity.  After  he  reached  the 
place  he  neglected  to  take  such  measures  of  precaution  to 
prevent  an  attack  by  surprise,  as  prudence  seemed  to  dic- 
tate; and  in  quite  an  unprepared  state  he  was  assailed  by 
the  British  and  Indians,  amounting  to  eighteen  hundred ;  and 


1813]  MADISON.  201 

a  great  slaughter  ensued.  The  attack  was  very  sudden,  and 
wholly  unexpected,  so  that  great  confusion  and  delay  oc- 
curred in  forming  the  troops  under  the  United  States  offi- 
cers ;  and  they  were  soon  overpowered  by  a  superior  force. 
Nearly  four  hundred  men  were  slain  or  mortally  wounded, 
and  between  seven  and  eight  hundred  taken  by  the  enemy. 

An  act  was  passed  at  this  session,  in  January,  1813,  for 
an  augmentation  of  the  regular  army  of  the  United  States. 
It  was  then  estimated  at  35,000.  Congress  now  provided 
for  an  increase  of  20,000  troops ;  and  the  appointment  of 
six  additional  Major  Generals.  The  President  was  also 
authorized  to  accept  of  any  volunteer  corps  which  might 
be  raised,  with  a  view  to  the  defence  of  places  invaded, 
near  which  they  resided.  This  was  not  materially  differ- 
ent from  relying  on  the  militia  for  protection,  in  case  of  in- 
vasion. In  various  seaport  towns,  parties  of  the  citizens 
formed,  and  acted  as  guards  on  the  coasts.  In  Massachu- 
setts, and  in  some  other  States,  these  volunteer  companies, 
or  parties,  were  furnished  with  arms  and  other  munitions 
of  war  by  the  State  executive,  whenever  there  was  appli- 
cation for  them,  and  there  was  reason  to  suppose  an  attack, 
or  landing,  by  the  British  might  be  made. 

The  public  expenses  were  necessarily  much  increased 
by  the  means  adopted  for  prosecuting  the  war  ;  and  the  na- 
tional finances  were  in  a  state  of  great  embarrassment,  at 
this  period.  When  the  committee  of  "  Ways  and  Means," 
called  on  the  Secretary  of  the  Treasury,  January,  1813,  for 
his  opinion  of  the  probable  amount,  to  be  provided  by  Con- 
gress for  the  year  following,  he  stated  in  reply,  "  That  at 
least  sixteen  millions  by  way  of  loans  would  be  necessary, 
to  be  added  to  twelve  millions,  the  estimated  amount  of 
revenue  for  the  year."  Such  estimates  are  always  uncer- 
tain ;  and  often  overrated.  And  the  Secretary  of  the 
Treasury  observed,  "  That  it  would  be  necessary  to  repeal 
or  modify  the  non-importation  laws,  to  realize  the  amount 
calculated  to  arise  from  imposts."  He  also  proposed  a 
great  increase  of  duty  on  foreign  tonnage,  and  the  suspen- 
sion of  allowances  to  importers,  under  the  name  of  draw- 
backs. And  he  gave  it  as  his  opinion,  that,  unless  the  war 
should  be  brought  to  a  close  within  the  year,  it  would  be 
requisite  to  provide  for  farther  loans  for  the  year  1814,  and 
to  have  recourse  to  internal  and  direct  taxes.  By  the  most 
able  financiers  in  the  United  States,  it  was  asserted,  that  the 
duties  on  imports  would  not  much  exceed  rive  millions  ; 
and  that  the  expenses  would  be  nearly  double  to  the  esti- 
mates of  the  Secretary.  For  in  the  latter  part  of  1812,  and 
26 


202  FEDERAL  GOVERNMENT.  [1813 

beginning  of  1813,  demands  on  the  public  treasury  were 
far  greater  than  had  been  anticipated ;  the  principal  part 
of  which  was  unavoidable,  in  the  state  the  country  had 
been  placed  by  the  declaration  of  war  ;  but  a  portion  of  the 
expenses  had  been  incurred  under  unfavorable  circum- 
stances, owing  to  the  improvident  and  injudicious  conduct 
of  the  administration  relating  to  the  war,  for  several  months 
after  it  was  declared.  When  the  militia  were  called  out, 
as  they  were  in  Pennsylvania,  Ohio,  and  New  York,  in 
large  numbers,  they  were  not  sufficiently  armed ;  and  ex- 
traordinary expenses  were  incurred  to  equip  them. 

There  was  also  a  great  deficiency  of  blankets  and  other  ne- 
cessary clothing  for  the  soldiers,  during  the  fall  and  winter  of 
1812-13  ;  as  the  non-importation  laws  had  been  then  some- 
time in  operation ;  and  the  manufacture  of  woollens  was 
also  then  comparatively  very  limited  in  the  United  States. 

When  Mr.  Madison  took  the  oath  of  office,  on  his  re-elec- 
tion as  President  of  the  United  States,  4th  of  March,  1813,  he 
spoke  of  the  war,  "  as  stamped  so  strongly  with  the  features 
of  Justice,  as  to  invite  the  smiles  of  Heaven  on  the  means  of 
conducting  it  to  a  successful  termination."  And  in  justi- 
fication of  this  strong  language,  he  said,  "  The  war  was 
not  declared  by  Congress,  until  it  had  been  long  made  on 
them,  in  reality,  though  not  in  name,"  and  till  it  was  in- 
dispensably necessary  for  the  welfare,  the  interests,  the 
honor,  and  rights  of  the  nation.  It  was  solely  or  chiefly 
resorted  to,  he  said,  in  support  of  the  rights  of  the  seamen, 
who  were  often  impressed  into  the  British  service,  and  for 
resisting  new  principles,  and  injurious  practice  concerning 
neutral  commerce,  which  deeply  affected  the  United  States. 
There  was  no  such  expression  of  the  public  opinion  on  the 
subject,  as  to  afford  proof,  that  the  majority  of  the  people  fully 
responded  to  these  sentiments  of  the  President.  It  might 
be  reasonable  to  conclude,  from  the  then  recent  elections, 
that  they  approved  of  the  measures  of  the  executive.  But 
there  was  a  strong  demonstration,  by  the  people  in  various 
parts  of  the  Union,  that  they  considered  the  war  unnecessary, 
if  not  unjust ;  and  that  they  were  anxious  for  its  termination, 
on  such  terms  as  the  British  government  had  proposed. 

The  success  of  the  navy  was  a  cheering  consideration  to 
such  as  cherished  the  feelings  of  national  pride  ;  and  there 
were  repeated  instances  of  the  gallantry  of  naval  officers  in 
the  course  of  six  months  after  the  war  began.  This  was 
the  more  gratifying  to  the  citizens  of  the  United  States,  as 
it  was  unexpected,  in  the  small  number  of  American  armed 
ships,  compared  to  the  naval  power  of  Great  Britain ;  and  the 


1813]  MADISON.  203 

victories  on  the  ocean  furnished  a  redeeming  consideration 
for  the  patriotic  citizens,  under  the  various  disasters  which 
the  army  suffered ;  although  a  few,  who  viewed  the  war  as 
unjust,  could  not  join  in  the  general  exultations  even  for 
any  success  attending  the  American  arms. 

The  war  served  to  show  the  strength  of  the  government 
and  the  patriotism  of  the  people.  The  preparations  and 
expenses  for  placing  the  country  in  a  proper  state  of  de- 
fence, in  1798,  when  war  was  expected  with  France,  were 
borne  with  due  submission  by  those  who  did  not  fully  ap- 
prove of  warlike  measures.  And,  in  1812,  though  a  bare 
majority  of  the  people  justified  the  war  with  England,  and 
probably  the  majority  was  desirous  of  closing  it  in  six 
months,  after  the  offers  of  the  British  government  for  further 
negotiations,  and  the  great  disasters  suffered  by  the  army 
on  the  borders  of  Canada — still  the  administration  was 
supported,  or  certainly  not  opposed  by  any  disorderly  or 
violent  acts.  The  people,  in  various  parts  of  the  nation, 
complained  of  the  measures  of  the  federal  government,  and 
censured  its  war  policy,  like  independent  freemen,  zealous 
of  their  rights,  and  fearless  in  scrutinizing  the  conduct  of 
their  rulers  ;  and  many  declined  to  assist  in  prosecuting 
the  war,  by  voluntary  loans,  or  by  any  acts  besides  those 
which  the  laws  imposed,  or  by  such  efforts  as  were  neces- 
sary for  defence  when  the  coasts  were  actually  invaded. 
But  no  plans  of  insurrection,  or  forcible  opposition  to  the 
authority  of  the  government,  or  attempts  to  sever  the 
Union,  were  proposed  at  this  period  of  pressure  and  calam- 
ity. The  power  of  the  federal  government  proved  ade- 
quate to  the  crisis :  but  the  consideration  is  not  to  be  for- 
gotten, that,  in  the  third  year  of  the  war,  the  people  became 
more  dissatisfied  and  louder  in  their  complaints  :  and  that 
no  formidable  opposition  appeared,  must  be  attributed  to 
the  patriotic  feelings  of  the  citizens,  and  to  their  convic- 
tions of  the  necessity  of  order  and  of  obedience  to  all  con- 
stitutional authority.  With  a  population  of  a  different 
character  from  that  of  the  great  majority  of  the  people  in 
the  United  States,  and  with  the  freedom  they  possessed,  it 
would  have  been  difficult  to  maintain  a  war,  when  so 
great  a  portion  of  the  nation  disapproved  of  it. 

The  administration  did  not  appear  consistent  in  the 
causes  assigned,  at  different  periods,  for  declaring  or  con- 
tinuing the  war.  The  subject  of  the  impressment  of  Amer- 
ican seamen,  by  the  British  ships  of  war,  was  indeed  the 
great  cause  of  complaint  and  irritation,  and  was  often  de- 
clared to  be  the  principal  reason  for  the  war.     And  this 


204  FEDERAL  GOVERNMENT.  [1813 

was  offered  as  the  only  reason  for  continuing  the  war,  in 
the  summer  of  1812,  after  the  British  revoked  their  Oi  .i& 
in  council,  and  proposed  a  cessation  of  hostilities ;  and  yet, 
before  the  declaration,  and  before  the  British  orders  were 
repealed,  even  in  May,  1811,  when  the  Envoy  from  Great 
Britain  to  the  United  States  gave  assurance  that  the  orders 
of  1807  would  be  withdrawn,  on  authentic  and  official  no- 
tice of  a  revocation  of  the  French  edicts  of  a  previous  date, 
and  that  the  blockade  declared  in  May,  1810,  would  also 
thereupon  cease  ;  the  American  Secretary  of  State  wrote 
the  Envoy  in  reply,  "  That  the  President  had  received  the 
information  with  great  satisfaction,  as  it  had  been  a  material 
obstacle  to  an  accommodation  ;  and  that  such  repeal  of  the 
British  orders  would  be  immediately  followed  by  a  repeal 
of  the  act  for  the  non-importation  of  goods  from  England, 
then  in  force."  So  material  was  this  obstacle  in  the  way 
of  adjusting  the  controversy  between  Great  Britain  and  the 
United  States,  at  that  time,  that  had  it  been  removed  six 
weeks  sooner  than  it  was,  and  before  the  declaration  of 
war,  it  appears  highly  probable,  that  this  calamity  might 
have  been  avoided.  The  sole  difficulty  of  impressment 
would  not  have  been  thought  to  justify  a  war,  even  by  the 
warmest  friends  of  the  administration.  For  though  all  the 
precise  terms  proposed  by  the  American  executive  on  that 
subject,  were  not  agreeable  to  the  British  administration,  it 
was  disposed  to  make  an  arrangement,  favorable  practically 
to  the  security  of  bona  fide  American  seamen.  And  the 
American  Envoys,  in  1808,  had  formed  an  article  relating 
to  impressments,  in  the  treaty  they  signed  at  that  time  with 
Great  Britain,  by  which,  in  their  opinion,  the  rights  of 
American  seamen  would  be  substantially  secured. 

The  invasion  of  Canada  was  renewed  in  the  spring  of 
1813 :  Twenty  five  hundred  troops,  under  Major  General 
Dearborn,  embarked  at  Sacket's  harbor,  in  eight  armed 
vessels,  commanded  by  Commodore  Chauncey ;  and  cross- 
ing the  lake,  attacked  Little  York  in  the  province  of  Up- 
per Canada,  on  the  27th  of  April.  The  American  troops 
had  been  some  time  collecting  and  preparing  for  this  object  ; 
and  had  a  better  prospect  of  success  than  the  detachments 
which  entered  Canada  the  year  before.  The  British  force 
at  York  and  vicinity  was  comparatively  small,  though 
aided  by  several  hundred  Indians.  After  some  severe 
fighting,  the  town  was  taken  by  the  Americans,  but  the 
British  General,  commanding  there,  escaped  with  a  great 
part  of  the  regular  troops.  More  than  two  hundred  British 
and  Canadians  were  killed ;  and  a  large  number   made 


1813]  MADISON.  205 

prisoners,  with  two  hundred  Indians.  The  loss  of  the 
United  States  troops  was  also  great;  many  being  killed  or 
mortally  wounded  by  the  explosion  of  the  British  military 
magazine  in  the  town.  There  were  valuable  and  extensive 
military  stores  taken  at  Little  York  ;  which  had  been  col- 
lected there,  to  be  forwarded  to  Niagara  river,  and  to  De- 
troit. These  were  immediately  transported  to  Sacket's  Har- 
bor ;  and  in  a  few  days  after,  another  expedition  against 
Canada  was  projected,  with  a  large  force.  On  the  27th 
of  May,  General  Dearborn,  with  about  seven  thousand 
troops,  landed  at  Newark ;  when  the  small  British  force 
there  retreated  about  thirty  miles  to  join  a  larger  body  of 
Canadians,  at  a  place  called  Forty-Mile  Creek,  after  de- 
stroying a  great  part  of  the  stores.  The  first  of  June,  a  force 
was  ordered,  under  command  of  a  Brigadier  General,  of 
two  thousand  men,  to  proceed  to  Forty-Mile  Creek  where 
the  British  and  Canadians  were  collected  :  and  three  days 
later,  a  second  Brigadier  General,  with  more  American 
troops,  was  ordered  to  proceed  for  his  support.  The  Brit- 
ish retired  several  miles,  on  the  approach  of  the  American 
troops,  and  then  prepared  to  defend  themselves  if  at- 
tacked. 

General  Winder,  who  commanded  the  first  body  of  the 
United  States  troops,  proceeded  within  about  ten  miles  of 
the  enemy;  and  the  other  detachment,  under  Brigadier 
General  Chandler,  followed  soon  after.  Early  the  follow- 
ing morning,  before  daylight,  and  when  quite  unprepared  * 
they  were  attacked  by  the  enemy,  the  two  Brigadier  Gen- 
erals were  taken,  besides  a  number  of  the  men,  and  many 
were  killed  and  wounded.  The  British  troops  soon  re- 
tired ;  for  they  were  not  so  numerous  as  the  Americans ; 
and  Generals  Lewis  and  Boyd  hastened  the  following  day 
to  support  them,  from  the  distance  of  thirty  miles. 

In  this  expedition  nearly  one  thousand  of  the  United 
States  troops  were  killed,  wounded,  or  taken  prisoners. 
Lewis  and  Boyd  behaved  with  great  spirit  and  bravery  : 
and  when  a  British  naval  force  appeared  near  the  Forty- 
Mile  Creek,  where  the  former  was  in  command,  and  sum- 
moned him  to  surrender,  he  refused  in  the  spirit  of  a  brave 
officer.  Soon  after,  however,  he  judged  it  expedient  to  re- 
turn to  Fort  George — and  thence,  when  American  vessels 
could  be  provided,  to  return  to  Sacket's  Harbor — a  portion 
of  the  army  remained  some  time  at  Fort  George,  undei 

*  In  one  account  it  was  stated,  that  the  commanding  officers  of  the  United 
States  expected  the  attack. 


206  FEDERAL  GOVERNMENT.  [1813 

General  Boyd,  with  a  view  to  be  a  check  on  the  enemy, 
and  to  prevent  a  concentration  of  their  forces;  which  it 
was  believed  they  contemplated  previous  to  an  attack  on 
the  United  States  side  of  the  lake.  The  naval  force  of  the 
United  States  on  lake  Ontario  was  increased  at  this  period, 
and  able  to  act  with  effect  in  preventing,  for  sometime,  an 
invasion  of  the  United  States  territory.  The  army  under 
Governor  Harrison,  in  the  west,  was  able  to  accomplish 
little  more  than  to  defend  the  frontiers  from  the  British  and 
Indians  in  that  quarter.  No  attempt  was  made  by  him  for 
invading  Canada  at  this  time  :  and  it  would  have  been 
highly  imprudent  in  the  existing  state  of  the  army. 

The  village  of  Havre-de-Grace,  situated  near  the  mouth 
of  the  Susquehanna  river,  consisting  of  nearly  one  hundred 
dwelling  houses,  was  attacked  by  the  British,  in  boats  and 
barges,  from  ships  of  war  near  the  coast,  and  burnt  in  May, 
1813.  There  was  no  military  force  in  the  vicinity  to  de- 
fend it.  The  towns  on  the  Atlantic  coast  in  most  places 
were  not  sufficiently  protected  :  It  appeared  to  be  the  great 
object  to  have  a  sufficient  force  to  invade  and  conquer  the 
British  provinces  in  Canada. 

The  United  States  troops  at  and  near  the  southwest  part 
rof  lake  Ontario  at  Fort  Niagara,  Lewistown,  including 
those  at  Sacket's  harbor,  at  the  northeast,  and  those  at 
Fort  George  on  the  Canadian  borders,  were  about  ten 
thousand;  about  seven  thousand  of  which  were  on  and 
near  Niagara  river.  General  Boyd,  who  retained  posses- 
sion of  Fort  George  for  some  time,  had  frequent  skirmishes 
with  the  British  ;  and  on  two  occasions  the  contests  were 
very  serious  and  extensive,  and  great  numbers  of  the  Amer- 
ican troops  were  killed  or  taken.  One  of  these  was  at  a 
place  called  Beaver-dam,  by  a  detachment  under  command 
of  a  Colonel;  and  the  other  by  a  still  larger  force,  under 
General  Boyd.  During  all  this  period,  no  progress  was 
made  in  the  conquest  of  Canada  :  but  defeat  and  disaster 
were  the  consequences  of  the  invasion  ;  and  yet  on  several 
occasions  the  officers  behaved  with  great  promptitude  and 
bravery.  The  British  followed  up  their  successes,  and  in- 
vaded the  territory  of  the  United  States.  They  took  pos- 
session of  Fort  Niagara,  and  remained  there  several 
weeks  ;  and  at  that  time  the  naval  force  of  the  enemy  on 
the  lake  was  superior  to  the  American  squadron.  Several 
boats  belonging  to  the  United  States  fell  into  the  hands  of 
the  British.  The*loss  was  sustained  by  the  United  States 
r  troops,  including  the  surrender  of  General  Hull  at  Detroit,  in 
^August,.  18 12,  and  in  the  battles  of  Little  York,  dueenstown, 


1813]  MADISON.  207 

Fort  George,  Forty-Mile  Creek,  and  Beaver-dam,  all  be- 
fore the  close  of  July,  1813,  was  estimated  at  8500,  killed, 
wounded,  or  taken.  These  were  all  employed  in  the  pro- 
posed invasion  of  Canada.  The  expenses  of  these  several 
armaments  were  very  great ;  and  increased  the  public  debt 
to  a  vast  amount.  After  war  was  declared,  it  was  neces- 
sary to  prepare  for  the  protection  of  the  people  on  the  fron- 
tiers of  the  United  States,  and  to  prevent  the  enemy  in 
Canada  from  penetrating  far  into  the  national  territories. 
But  this  great  sacrifice  of  life  and  vast  increase  of  the  pub- 
lic debt,  for  the  purpose  of  conquering  the  British  provinces 
on  the  northwest  of  the  United  States,  served  to  render  the 
war  policy  very  doubtful,  and  exposed  its  authors  to  severe 
and  heavy  censures. 

At  the  extra  session  in  June,  1813,  agreeably  to  a  resolu- 
tion of  the  House  of  Representatives,  offered  by  a  member 
from  New  Hampshire,  (Mr.  Webster,)  the  President  was 
requested  to  lay  before  Congress  the  correspondence  of  the 
French  and  American  minister,  respecting  the  manner  and 
the  time  of  the  repeal  of  the  French  decrees  of  Berlin  and 
Milan.  The  resolution  was  opposed  for  many  days,  but 
was  at  length  adopted :  the  correspondence  was  submitted 
to  the  House,  and  some  time  after  published.  It  served  to 
show  that  the  suspicions  were  well  founded,  which  had 
been  expressed  by  many,  more  than  a  year  before  the  dec- 
laration of  war,  of  collusion  on  the  part  of  the  Emperor  of 
France  and  his  ministers  on  that  memorable  occasion  :  that 
either  no  decree,  for  revoking  the  obnoxious  edicts,  was 
passed  at  the  time  it  was  pretended  ;  or  that,  if  actually 
adopted,  was  not  put  in  operation  :  and  could  therefore  be 
no  warrant  for  the  American  government  to  demand  there- 
upon, a  repeal  of  the  orders  of  the  British  administration. 
Indeed,  there  was  just  cause  to  doubt  the  existence  of  any 
order  of  the  Emperor  for  such  revocation,  having  been  made 
at  the  early  date  declared  by  the  French  minister ;  and 
many  believed  that  no  such  order  was  made  as  intimated. 
And  this  view  of  the  subject  furnished  proof  sufficient  to 
satisfy  the  most  incredulous,  that  the  nation  had  been  se- 
duced into  war,  by  the  duplicity  of  a  foreign  despot,  or  by 
an  unjustifiable  disposition  to  retain  his  friendship.  War 
would,  not  have  been  declared  solely  on  account  of  the  im- 
pressment, though  that  was  one  of  the  principal  reasons  for 
resorting  to  war,  and  for  continuing  it  after  it  had  been 
declared :  and  had  there  been  satisfactory  evidence  of  the 
revocation  of  the  French  edicts  in  1811,  when  it  was  so 
intimated,  the  obnoxious  orders  of  the  British  government 


20$  FEDERAL  GOVERNMENT.  [1813 

would  have  been  withdrawn,  and  the  calamities  and  ex- 
penses of  war  with  a  powerful  maritime  nation,  would 
have  been  prevented. 

Soon  after  the  resolution  above  mentioned  was  adopted, 
and  a  message  received  from  the  President,  with  numerous 
documents  requested  by  the  House,  a  report  was  made  by 
the  Committee  of  Foreign  Relations,  approbatory  of  the 
grounds  of  the  war  taken  by  the  President — but  the  report 
was  disapproved  by  the  majority  of  the  House  of  Repre- 
sentatives. At  this  extra  session,  July,  1813,  several  nom- 
inations of  persons  to  be  foreign  Envoys,  were  negatived 
by  the  Senate.  That  body  also  rejected  the  bill  for  an  em- 
bargo, which  had  passed  the  House  on  recommendation  of 
the  executive.  They  indirectly  advised  the  President 
whom  to  nominate  ;  which  he  justly  and  feelingly  opposed  ; 
though  their  right  to  reject  his  nominations  was  undoubted. 

The  British  troops  in  Canada,  in  the  latter  part  of  the 
summer  of  1813,  after  having  made  a  successful  defence  of 
that  province,  and  obliged  the  United  States  forces  to  retire 
from  the  places  previously  taken  by  them,  engaged  in  offen- 
sive operations,  and  attacked  several  towns  within  the  State 
of  New  York  and  Vermont,  situated  on  lake  Cham/plain. 
And  on  this  lake,  as  well  as  on  Ontario,  they  had  prepared 
a  naval  force  fully  equal,  if  not  superior  to  that  of  the 
United  States  on  those  waters.  Plattsburg  and  Burlington 
were  attacked  by  the  enemy  the  first  of  August.  They 
did  not  land  at  Burlington ;  but  meeting  a  heavy  fire  from 
the  United  States  troops  stationed  there,*  as  well  as  from 
some  armed  vessels  then  in  the  harbor,  they  retired  without 
doing  any  damage.  At  Plattsburg,  on  the  west  side  of  lake 
Champlain,  they  made  a  more  formidable  assault;  they  ef- 
fected a  landing  and  burnt  several  public  buildings  ;  but  did 
not  destroy  dwelling  houses  or  private  property.  The  at- 
tack was  made  by  a  naval  armament,  consisting  of  two 
sloops  of  war,  three  rovvgallies,  two  gunboats  and  forty- 
three  batteaux,  with  1300  men.  The  attack  on  Burlington 
was  considered  a  bold  measure  on  the  part  of  the  British, 
so  well  defended  as  it  was  by  several  armed  vessels  as  well 
as  by  a  large  body  of  land  troops.  The  commander  of  the 
vessels  in  the  service  of  the  United  States,  on  the  lake  at 
that  time,  was  not  well  supplied  with  experienced  officers, 
to  enable  him  to  act  with  so  great  effect  as  had  been  an- 
ticipated. 

*  There  were  then  at  Burlington  about  4500  men,  under  command  of  Major 
General  Hampton. 


1813]  MADISON.  209 

The  success  of  the  land  forces  of  the  United  States,  in 
the  northwest,  under  Major  General  Harrison,  at  the  open- 
ing of  the  campaign  in  1813,  served  in  some  measure,  to 
retrieve  the  character  of  the  American  generals,  which  had 
suffered  by  the  disasters  and  defeats  of  1812.  He  conducted 
with  equal  bravery  and  intelligence,  in  that  part  of  the 
country,  during  the  year  1813  ;  and  some  time  before  indeed, 
after  the  capture  of  Detroit  and  the  army  under  General 
Hull  in  1812.  The  defence  of  Fort  Meigs,  near  the  rapids 
of  the  Miami  river,  in  May,  1813,  by  the  United  States 
troops  under  General  Harrison,  was  an  important  event  in 
the  prosecution  of  the  war.  The  fort  was  attacked  by  the 
British,  consisting  of  500  regulars,  800  of  the  Canadian 
militia,  and  1200  Indians ;  far  exceeding  the  troops  under 
command  of  General  Harrison  ;  but  he  refused  to  surrender 
when  summoned  thereto  by  the  British  commander.  The 
enemy  were  repulsed  with  great  slaughter  when  they  made 
an  attempt  to  storm  the  fortress.  The  loss  in  the  United 
States  army  was  comparatively  small ;  but  several  officers 
of  merit  were  slain. 

In  the  course  of  the  same  year,  in  September,  1813,  the 
land  forces  under  General  Harrison  achieved  another  im- 
portant victory  over  the  British  troops,  at  Maiden,  on  the 
Canada  side ;  where  they  had  collected  in  large  numbers, 
with  intensions,  probably,  again  to  invade  the  territory  of 
the  United  States.  On  the  approach  of  General  Harrison 
and  the  United  States  troops,  the  enemy  retired,  after  dis- 
mantling their  fort,  and  destroying  most  of  the  articles 
which  they  could  not  remove.  General  Harrison  pursued 
them,  and  came  up  with  them  at  the  river  Thames.  A 
battle  ensued,  "one  of  the  most  honorable  and  decisive 
which  was  fought  during  the  war;"  and  victory  was  again 
declared  for  the  arms  of  the  United  States.  The  British 
commander,  indeed,  escaped,  but  his  army  was  entirely 
defeated ;  and  a  great  part  of  their  military  stores  fell  into 
the  hands  of  General  Harrison.  Governor  Shelby,  of  Ken- 
tucky, and  Captain  Perry,  acted  as  volunteers  in  this  expe- 
dition ;  and  in  the  character  of  aids  to  General  Harrison. 
This  enterprise  took  place  soon  after  the  success  of  Captain 
Perry  over  the  British  armed  vessels  in  lake  Erie.  It  had 
long  been  the  opinion  and  advice  of  General  Harrison,  that 
a  naval  force  on  the  lake  was  necessary  to  give  success  to 
the  arms  of  the  United  States  in  that  quarter.  The  Secre- 
tary of  War,  General  Armstrong,  in  a  public  document, 
soon  after,  declared  that  this  conduct  of  General  Harrison 
27 


210  FEDERAL  GOVERNMENT.  [1813 

was  not  only  highly  indicative  of  bravery  and  good  judg- 
ment, but  was  attended  with  important  results  to  the  country. 

On  lake  Erie,  the  naval  enterprise  was  attended  with 
brilliant  success.  Due  time  was  taken  to  prepare  a  suffi- 
cient force  to  attack  the  British  squadron  there ;  and  the 
commodore*  of  the  United  States  fleet  was  well  qualified 
by  his  courage  and  skill  to  conduct  the  enterprise.  Early 
in  September,  after  repeated  attempts  to  meet  the  enemy's 
fleet,  it  was  discovered  at  a  distance,  and  a  chase  and  battle 
immediately  followed.  It  continued  several  hours,  and  was 
very  severe,  and  attended  with  great  loss  of  lives  on  both 
sides.  But  victory  was  the  fortunate  lot  of  the  Americans — 
and  the  conquest  of  the  British  was  complete.  Their  whole 
fleet,  composed  of  two  ships,  one  brig,  two  schooners,  and 
a  sloop,  and  having  sixty-two  guns  in  all,  was  captured, 
after  being  much  injured  during  the  engagement;  one  of 
their  ships  mounted  twenty  guns,  and  another  eighteen. — 
The  United  States  fleet  consisted  of  two  ships,  of  twenty 
guns  each  ;  and  six  other  vessels,  but  much  smaller  ;f  carry- 
ing altogether  fifty-four  guns.  Twenty-seven  belonging  to 
the  United  States  vessels,  including  three  officers,  were 
killed  in  the  action ;  and  ninety-six  wounded.  The  number 
of  the  enemy  killed  and  wounded  was  believed  to  be  still 
greater.  The  success  attending  this  enterprise  was  princi- 
pally owing  to  the  judicious  and  resolute  conduct  of  the 
commander,  though  he  was  ably  supported  in  his  plans  by 
most  of  the  other  officers.  He  was  also  justly  entitled  to 
the  credit  of  preparing  and  equipping  the  American  fleet, 
under  many  discouraging  and  untoward  occurrences.  The 
government  was  unable  or  neglected  to  furnish  him  with 
materials  and  men  for  building  the  vessels  he  desired,  and 
considered  necessary,  to  act  with  effect  on  the  lake.  But 
his  diligence  and  perseverance  overcome  all  obstacles. 

The  result  of  this  very  brilliant  affair,  as  well  as  of  several 
other  naval  successes  on  the  ocean,  in  the  course  of  1813,  was 
a  conviction  with  the  administration,  however  reluctantly  ex- 
pressed, of  the  necessity  of  a  respectable  navy  to  vindicate 
the  honor,  as  well  as  in  some  measure  to  protect  the  coasts 
and  territory  of  the  United  States.  In  all  cases,  effectual 
protection,  however,  could  not  be  afforded ;  the  American 
navy  being  scarcely  a  fourth  part,  either  in  force  or  number, 
of  the  British;  which  had  been  continually  increased  dur- 

*  Oliver  II.  Perry,  of  Newport — a  young  man,  but  of  great  bravery,  decis- 
ion, and  energy  of  character. 

t  Two  of  these  had  but  two  guns — three  of  them  but  a  single  swivel — one 
of  three  guns,  and  one  of  four. 


1813]  MADISON.  211 

ing  two  centuries.  The  second  year  of  the  war,  after  pro- 
posals for  a  cessation  of  hostilities  and  for  further  negotia- 
tions on  the  subjects  in  dispute,  between  the  two  nations, 
were  rejected  by  the  American  administration,  a  large 
number  of  ships  of  war  visited  the  coasts  of  the  United 
States,  and  created  much  alarm  in  many  places,  and  greatly 
interrupted  the  usual  pursuits  of  navigation  and  trade. — 
They  were  too  formidable  to  be  met  by  the  American  ships, 
which  were  often  employed  with  more  effect  in  distant  and 
separate  parts  of  the  ocean.  In  the  Chesapeake  bay,  and 
near  the  eastern  coasts  of  Massachusetts,  they  were  of  great 
force,  and  landed  at  several  places ;  some  of  which  they 
retained  for  a  long  period,  as  there  was  not  a  sufficient 
naval  force  of  the  United  States  to  encounter  them. 

The  fleets  on  the  lakes  and  the  troops  on  the  northwestern 
and  western  frontiers,  continued  their  operations  till  late  in' 
the  season,  with  varied  success.  The  American  vessels  on 
lake  Champlain  and  lake  Ontario  were  vigilant,  and  ready 
always  to  act  where  duty  and  occasion  called  ;  and  served 
to  prevent  the  British  inflicting  injuries  in  the  territory  of 
the  United  States.  Several  small  armed  vessels  belonging 
to  the  British,  fell  into  the  hands  of  the  Americans :  who 
also. made  prisoners  of  about  three  hundred  of  the  enemy's 
troops  which  were  on  board. 

The  main  body  of  the  land  troops  on  the  northwest 
frontiers,  left  Plattsburg  in  the  month  of  October,  and  en- 
tered the  territory  of  Canada  in  the  vicinity  of  Montreal, 
under  command  of  General  Wade  Hampton.  But  did  not 
advance  so  far  or  so  rapidly  as  had  been  expected.  The 
enemy  were  prepared  to  meet  them ;  and  attacked  them 
so  powerfully  that  they  returned  within  the  line  of  the 
United  States,  and  most  of  them  to  Plattsburg ;  having  lost 
a  number  of  men  in  Canada.  The  army  of  the  west  under 
General  Harrison,  after  a  long  period  of  apparent  inaction, 
either  from  want  of  warlike  stores,  or  of  sufficient  naval 
force  to  unite  in  any  offensive  operations,  was  able  to  pass 
over  lake  Erie  to  the  Canada  shore,  as  related ;  where  they 
attacked  and  took  Maiden,  defeated  the  British  in  that 
vicinity,  and  took  many  prisoners,  and  then  recrossing  the 
lake,  landed  at  Detroit,  which  soon  surrendered,  after  having 
been  in  possession  of  the  British  more  than  a  year. *  In 
these  rencounters,  the  enemy  had  large  numbers  of  Indians 
in  their  ranks,  who  proved  a  great  assistance  to  them. — 
Some  of  the  tribes  attached  themselves  to  the  United  States 
troops,  but  they  were  less  numerous.     But  wherever  they 


212  FEDERAL  GOVERNMENT.  [1813 

were  found,  they  were  charged  with  great  cruelty  towards 
their  captives.  A  part  of  the  American  army,  under  General 
Boyd,  remained  in  possession  of  Fort  George  on  the  Cana- 
dian side  of  the  Niagara  river,  and  near  the  head  of  lake 
Ontario,  for  some  months.  Generals  Harrison  and  Wilkin- 
son also  proceeded  to  this  part  of  the  country  ;  and  a  plan 
was  probably  formed  to  march  into  Canada,  with  this  large 
united  force.  But  it  was  not  carried  into  execution.  The 
return  of  General  Hampton  probably  prevented. 

Thus  ended  the  various  and  expensive  expedition  for  con- 
quering Canada,  in  1813 ;  and  little  more  progress  was  made 
than  in  the  year  1812.  The  invasion  of  the  Province,  for 
conquest,  was  unsuccessful,  though  the  British  were  defeated 
at  Maiden.  The  expenses  of  these  several  armies  were 
very  great ;  and  the  loss  of  human  lives  was  also  great, 
though  mostly  by  sickness.  On  lake  Erie,  the  naval  force 
of  the  United  States,  under  commodore  Perry,  it  has  been 
seen,  was  completely  victorious  :  and  on  lakes  Ontario  and 
Champlain,  the  British  were  kept  in  check,  by  the  small 
American  fleets ;  so  as  to  be  prevented  from  doing  much 
injury  to  the  people  of  the  United  States,  as  they  attempted, 
in  retaliation  for  the  invasion  of  their  territory. 

The  ships  of  the  United  States,  on  the  ocean,  were  success- 
ful in  most  of  the  naval  actions  which  occurred  in  1813  ; 
and  the  patriotic  pride,  kindled  by  these  achievements,  led 
many  to  support  the  war,  who  were  before  opposed  to  it ; 
and  prevented  that  calamitous  measure  from  fatally  in- 
juring the  popularity  of  the  administration.  The  people, 
however,  in  various  parts  of  the  country,  expressed  an 
opinion  that  the  war  was  unnecessary ;  that  negotiation 
would  probably  better  settle  the  dispute  and  secure  the  just 
claims  of  the  United  States ;  and  became,  therefore,  more 
desirous  of  peace.  The  general  voice  was  opposed  to  an 
invasion  of  Canada;  for  it  was  not  believed,  that  the  con- 
quest and  annexation  of  that  extensive  territory  would  add 
to  the  stability  or  welfare  of  the  United  States.  It  was 
perceived  also,  that  the  British  government  had  abandoned 
one  of  its  obnoxious  measures  ;  and  that  the  other  cause  of 
the  war  would  not  probably  be  removed,  though  it  should 
be  continued  many  years.  For  it  was  well  understood,  that 
Great  Britain  would  never  consent  to  relinquish  the  right  of 
taking  her  own  subjects  in  time  of  war  from  neutral  mer- 
chant vessels  :  and  the  contest  had  also  now  become  very 
popular  in  England. 

The  policy  of  the  federal  government,  at  this  period,  and 


1812]  MADISON.  213 

the  views  entertained*  as  to  the  propriety  of  the  war,  can- 
not be  so  justly  and  fully  stated,  as  by  referring  to  the  pub- 
lic message  of  the  President  of  the  United  States  to  the 
national  legislature,  at  the  opening  of  the  session  in  De- 
cember, 1813. 

On  the  subject  of  national  disputes  with  France,  he  spoke 
in  a  very  short,  but  not  very  satisfactory  manner.  "  The 
views  of  the  French  government  on  the  subjects,  which 
have  been  so  long  committed  to  negotiation,  have  received 
no  elucidation  since  the  close  of  the  last  session  of  Congress. 
The  minister  of  the  United  States,  at  Paris,  had  not  been 
enabled,  by  any  proper  opportunity,  to  press  the  objects  of 
his  mission,  as  he  was  instructed."  He  said  he  had  hoped 
to  lay  before  Congress  some  effectual  progress  in  negotiations 
for  peace  with  Great  Britain :  inasmuch  as  the  American 
government,  in  a  liberal  and  magnanimous  spirit,  and  with 
a  desire  for  peace,  had  assented  to  a  proposition  for  the 
mediation  of  the  Emperor  of  Russia,  offered  by  that  Prince 
for  an  adjustment  of  the  disputes  between  the  two  nations  ; 
but  in  this  expectation  he  had  been  disappointed. 

"But  the  British  Cabinet,"  says  the  President,  "mis- 
taking our  desire  of  peace  for  a  dread  of  British  power,  or 
misled  by  other  fallacious  calculations,  has  disappointed 
this  reasonable  anticipation.  No  information  has  been  re- 
ceived from  our  Envoys  on  the  subject ;  but  it  is  known 
that  mediation  has  been  declined,  at  first ;  and  there  is  no 
evidence  since  offered,  that  a  change  of  disposition  in  the 
British  Councils  has  taken  place,  or  is  to  be  expected. — 
"  Under  such  circumstances,  a  nation,  proud  of  its  rights  and 
conscious  of  its  strength,  has  no  choice  but  an  exertion  of 
the  one  for  the  support  of  the  other."  "To  this  determination, 
the  best  encouragement  is  derived  from  the  success,  with 
which  it  has  pleased  the  Almighty  to  bless  our  arms,  both 
on  the  landj  and  on  the  water." 

*  The  paper,  most  in  favor  of  the  government,  which  was  then  considered 
semi-official,  the  week  before  Congress  assembled,  stated  what  it  deemed  of 
vital  importance  to  the  favor  and  interests  of  the  country — which  was  as  fol- 
lows— "  retaliation  on  British  prisoners  for  alleged  severe  treatment  of  Amer- 
icans by  the  British — an  extension  of  the  term  of  enlistments  for  twenty  regi- 
ments of  regular  troops — restraining  all  traitorous  intercourse  with  the  enemy — ■ 
the  expulsion  of  the  various  tribes  of  Indians,  on  the  northern  and  southern 
frontiers  from  their  habitations,  and  obliging  them  to  take  refuge  in  the  distant 
wilderness — the  seizure  of  East  Florida — provision  for  increasing  the  navy — . 
and  the  right  of  naturalization."  Several  of  these,  the  President  was  moder-, 
ate  or  prudent  enough  not  to  recommend.  But  they  were  probably  in  the 
views  and  plans  of  some  of  the  political  friends  of  the  administration. 

t  This  was  considered  a  strange  declaration,  when  the  land  forces  had  been 


214  FEDERAL  GOVERNMENT.  [1813 

The  message  referred  to  the  employment  of  the  Indians 
by  the  British,  and  the  cruelties  which  had  been  perpetrated 
by  them,  on  several  occasions;  and  it  was  observed,  "that 
it  became  necessary  to  send  a  military  force  against  the 
Indian  tribes,  both  in  the  West  and  South.  A  force  had 
been  called  into  the  service  of  the  United  States  from 
Georgia  and  Tennessee,  to  check  and  keep  in  awe  the 
savages  on  the  southwestern  borders.  General  Andrew 
Jackson  was  appointed  to  command  in  that  part  of  the 
country,  and  was  successful  in  opposing  the  inroads  and 
depredations  of  the  Indians." 

The  subject  of  impressment  was  introduced  in  the  mes- 
sage, and  the  injustice  of  the  British,  in  their  practice  re- 
lating to  those  claimed  as  their  natural-born  citizens,  was 
again  brought  to  view,  in  strong  terms.  It  was  stated, 
that  in  Canada,  great  abuses,  under  their  own  doctrine, 
were  committed  ;  for  all  born  in  the  British  provinces,  and 
who  had  early  settled  in  and  become  citizens  of  the  United 
States,  were  considered  as  traitors,  if  found  in  the  American 
army,  and  yet  they  employed  in  their  ranks,  natives  of  the 
United  States,  who  had  become  inhabitants  of  the  British 
territory. 

In  presenting  the  state  of  the  public  treasury,  the  message 
states,  "  that  the  receipts  exceeded  thirty-seven  and  a  half 
millions  dollars ;  twenty-four  millions  of  which  were  the 
product  of  loans  ;  and  that,  after  meeting  the  demands  on 
the  treasury,  there  were  nearly  seven  millions  remaining. 
Further  sums,  to  a  considerable  amount,  will  be  necessary  to 
be  obtained  by  loans,  during  the  ensuing  year ;  but  from 
the  increased  capital  of  the  country,  and  from  other  causes, 
it  may  be  justly  expected,  that  the  necessary  pecuniary 
supplies  will  not  be  wanting." 

The  general  tone  and  spirit  of  the  message  was  calculated 
to  awaken  or  to  maintain  a  disposition  for  war  among  the 
people ;  and  therefore,  the  reverses  which  had  occurred 
were  passed  over  as  comparatively  trifling,  and  the  few 
successes  achieved  as  far  greater,  or  more  beneficial  to  the 
nation,  than  facts  would  justify.  The  people  were  told 
that  they  were  a  brave  and  powerful  nation,  and  their  re- 
sources infinite ;  so  that  the  war  might  be  long  prosecuted 

almost  invariably  unsuccessful  ;  when  defeat  had  followed  the  invasion  of 
Canada  ;  when  there  had  been  a  great  loss  of  lives,  and  two  seasons  passed 
in  attempts  to  conquer  the  British  provinces,  attended  with  utter  failure,  ex- 
cept in  the  dispersion  of  the  British  troops  and  Indians,  at  Maiden,  by  the 
American  troops,  under  General  Harrison.  "That  expedition,"  the  Presi- 
dent said,  "  was  signally  honorable  to  Major  General  Harrison,  by  whom  it 
was  planned  and  prepared." 


1814]  MADISON.  215 

without  greatly  impoverishing  the  country ;  and  that  the 
reasons  for  continuing  it  were  cogent  and  numerous.  And 
yet  it  will  be  seen,  that  before  another  year  had  elapsed, 
peace  was  earnestly  sought  for  by  the  federal  administra- 
tion, even  with  yielding  some  points  at  first  declared  to 
render  a  war  just  and  necessary.* 

The  first  act  of  importance,  and  of  a  general  character, 
passed  at  this  session  of  Congress,  was  an  embargo  act,  to 
continue  till  the  first  of  January,  1815  ;  "  unless  a  cessation 
of  hostilities  between  Great  Britain  and  the  United  States 
should  previously  take  place."  The  provisions  of  this  act 
were  very  restrictive  and  severe.  It  forbid  boats,  having  pro- 
visions or  any  military  stores  on  board,  passing  from  one  port 
or  harbor  to  another,  at  small  distances  ;  and  was  construed 
as  extending  to  small  craft  employed  in  fishing  by  the  day, 
and  within  a  few  miles  of  the  land.  The  reason  given  for 
such  severity  and  strictness  of  prohibition,  was  that  the 
small  vessels  and  boats  sometimes  conveyed  provisions  to 
the  British  ships  of  war  hovering  on  the  coasts.  The  act 
operated  very  grievously  on  the  fishermen  and  coasters, 
who  were  generally  an  indigent  and  harmless  class  of  peo- 
ple, f  An  embargo  act  of  a  similar  character  was  recom- 
mended by  the  President,  in  July,  1813,  to  be  in  force  till  the 

*  In  December,  1813,  and  soon  after  the  United  States  troops  withdrew 
from  Canada,  and  took  up  their  winter  quarters  at  Plattsburgh,  and  other  places 
near  the  northwestern  borders,  a  large  British  force  crossed  the  Niagara  river, 
captured  Fort  Niagara,  burnt  Lewistown,  Buffalo,  and  some  other  small  vil- 
lages, and  entrenched  themselves  on  Niagara  heights.  The  detachment  con- 
sisted of  about  1500  British  regulars,  militia,  and  Indians  ;  and  almost  the  whole 
of  the  American  troops  in  the  fort  were  killed  or  taken.  General  Wilkinson 
was  at  this  time  at  Plattsburgh,  with  about  five  thousand  troops. 

t  The  legislature  of  Massachusetts  passed  resolves — "  That  the  embargo 
act  contained  provisions  not  warranted  by  the  Constitution  of  the  United  States, 
and  violating  the  rights  of  the  people  of  this  Commonwealth — that  they  have 
always  enjoyed  the  right  of  navigation  from  port  to  port  within  the  State,  and  of 
fishing  on  its  coasts — that  they  have  a  right  to  be  secure  from  all  unreasonable 
searches  and  seizures  of  their  persons,  houses,  &c. — that  the  law  rendering  the 
property  of  an  individual  liable  to  the  discretion  of  every  one,  without  warrant 
from  a  magistrate,  is  unjust  and  tyrannical — that  the  people  have  a  right  to  be 
protected  in  the  enjoyment  of  life,  liberty,  and  property,  according  to  standing 
laws ;  and  that  all  attempts  to  prohibit  them  in  the  enjoyment  of  life,  liberty, 
and  property,  by  persons  under  executive  directions,  and  power  only,  and 
armed  with  military  force,  are  destructive  of  their  freedom,  and  altogether  re- 
pugnant to  the  Constitution." 

An  eminent  political  character,  who  took  neutral  ground  in  the  war  ;  or  was 
disposed  to  support  it  after  it  was  declared  by  Congress,  expressed  the  follow- 
ing opinion  of  the  embargo  and  non-intercourse  laws,  "  I  believe  the  restrictive 
system  overleaps  the  bounds  of  Constitutional  power — that  it  is  impossible  to 
execute  it — that  the  attempt  to  do  so,  corrupts  the  people,  by  destroying  the 
correct  habits  of  our  merchants,  and  rendering  perjury  familiar — that  it  would 


216  FEDERAL  GOVERNMENT.  [1814 

then  next  session  of  Congress.  That  bill  received  the  assent 
of  the  majority  of  the  House  of  Representatives  ;  but  it  was 
lost  in  the  Senate ;  the  vote  in  that  body  being  eighteen 
against  the  bill,  and  but  sixteen  in  favor  of  it.  The  act  of 
the  present  session  gave  great  power  to  the  President;  and 
allowed  him  to  employ  numerous  agents,  who  did  not  fail 
to  exercise  their  power  in  many  instances  by  needless  se- 
verity, or  unjust  partiality.  It  wTas  repealed,  however,  on 
the  14th  of  April,  following;  but  the  non-importation  act, 
as  to  British  goods  and  merchandise,  was  continued. 

Acts  of  Congress  were  passed,  in  January,  1814,  for 
making  additions  to  the  regular  army ;  for  raising  several 
regiments  of  riflemen  ;  for  extending  the  term  of  enlistments 
from  one  year  to  five  years,  or  during  the  continuance  of 
the  war,  and  for  giving  higher  bounties  than  had  before 
been  offered ;  viz.  one  hundred  and  twenty-four  dollars  to 
every  individual,  one  hundred  of  which  to  be  paid  on  his 
enlisting  and  being  mustered.  The  President  was  also  em- 
powered to  receive  volunteer  corps  into  the  public  service ; 
provided  they  would  engage  to  serve  for  five  years,  or 
during  the  war  ;  and  they  were  to  receive  the  same  bounty 
provided  for  those  of  the  regular  army.  An  additional  act 
to  provide  for  calling  forth  the  militia  was  passed,  at  the 
same  session,  in  which  the  militia,  so  detached  or  drafted, 
when  called  into  the  service  of  the  United  States,  were 
made  subject  to  courts  martial,  on  a  charge  of  misconduct, 
in  the  manner  required  by  the  articles  of  war,  in  cases  of 
courts  martial  for  the  trial  of  delinquents  in  the  regular 
army.  This  law  caused  much  alarm  and  complaint  in 
some  parts  of  the  country  ;  especially  in  Pennsylvania, 
where  are  found  great  numbers  of  the  society  of  Friends. 
In  some  places,  members  of  that  sect  were  pressed  into  mil- 
itary service,  and  treated  with  great  severity.  But  the  in- 
stances were  very  few. 

Notwithstanding  the  boast  of  success  in  prosecuting  the 
war,  by  the  friends  of  the  administration,  and  the  public  dec- 
larations of  the  President,  that  it  must  be  continued  so  long 
as  the  causes  which  led  to  it  were  not  removed,  additional 
Envoys  were  appointed  early  in  1814  to  join  those  previously 
commissioned,  and  new  instructions  given  them,  permitting 

be  ineffectual  to  coerce  foreign  nations,  if  executed — that  it  is  unjust  and  op- 
pressive to  the  commercial  part  of  the  community,  as  it  destroys  invaluable 
interests  which  the  federal  government  is  bound  to  protect — that  it  sacrifices 
our  principal  source  of  revenue,  and  reduces  us  to  depend  on  meagre  supply 
from  internal  taxation,  or  to  accumulate  an  enormous  public  debt  by  loans — 
that  it  aims  a  fatal  blow  at  our  progress  in  wealth  and  general  improvement." 


1814]  MADISON.  217 

them  to  make  peace,  without  insisting  on  all  the  terms  be- 
fore advanced,  as  indispensable.  Messrs.  Adams,  Bayard, 
and  Gallatin*  had  been  appointed  in  April,  1813  ;  in  Jan- 
uary, 1814,  Messrs.  Clay  and  Russell  were  added  to  the 
embassy.  The  negotiators,  both  British  and  American,  met 
at  Ghent,  in  August,  181 1 ;  and  concluded  a  treaty  between 
England  and  the  United  States,  in  December  following; 
and  the  ratification  took  place  in  February,  1815,  to  the 
great  joy  of  the  people  of  both  nations.  No  new  principle 
was  recognized  or  admitted,  and  no  new  regulation  made 
on  the  important  subject  of  impressment  of  seamen,  which 
was  the  principal,  and  at  one  time  the  only,  reason  given  for 
the  war ;  but  the  treaty  was  silent  on  that  question.  Be- 
sides the  restoration  of  peace,  it  was  little  more  than  a 
treaty  of  limits  and  boundaries.  A  commercial  treaty  be- 
tween the  two  countries  was  to  be  adjusted  at  a  future  day. 
The  American  Envoys  were  instructed  to  make  peace  on 
the  most  favorable  conditions  to  be  attained  ;  but  to  make 
peace  ;  and  there  can  be  no  reason  to  doubt,  that  they  were 
urged  to  do  this,  from  the  consideration  of  the  increasing 
unpopularity  of  the  war  in  the  United  States  ;  and  of  the 
loss  of  political  power  in  Europe  by  the  French  Emperor. 
If  he  had  not  been  loved,  he  had  been  feared ;  and  if  it  was 
not  intended  to  aid  him  in  his  ambitious  projects,  it  was  evi- 
dently proposed  so  far  to  favor  him,  as  to  secure  his  influ- 
ence in  opposing  Great  Britain. 

During  the  year  1814,  however,  the  war  was  prosecuted 
with  great  exertions  and  zeal.  The  means  for  supporting  it 
were  augmented  by  the  federal  government  in  every  pos- 
sible way  ;  and  the  British,  particularly  on  the  ocean,  acted 
with  more  efficiency  than  in  the  early  period  of  hostilities. 
Their  ships  of  war  hovered  upon  the  coasts  of  the  United 
States,  in  almost  every  part;  and  often  entered  harbors, 
and  landed  large  bodies  of  men,  who  destroyed  much  prop- 
erty, and  alarmed  and  distressed  the  inhabitants.  They 
took  possession  of  Eastport,  and  of  Castine  ;  and  there  were 
no  troops  of  the  United  States  prepared  to  prevent  the  cap- 
ture, or  to  dispossess  them  afterwards :  and  the  militia  could 
do  little  without  a  suitable  naval  force. 

The  regular  troops  of  the  United  States  were  again  col- 
lected on  the  northwest  frontiers,  early  in  1814.     Some  of 


*  These  appointments  were  made  by  the  President,  when  the  Senate  was 
not  in  session.  And  afterwards,  when  the  nominations  were  laid  before  the 
Senate,  there  were  objections  and  much  delay  in  the  appointment  of  Mr.  Gal- 
latin. 

28 


218  FEDERAL  GOVERNMENT.  [1814 

them  were  assembled  at  Sacket's  Harbor ;  some  at  a  place 
about  ten  miles  east  of  Lewistown ;  and  some  within  a  sim- 
ilar distance  of  Buffalo ;  while  Plattsburg  was  considered 
the  head-quarters.  As  soon  as  the  lakes  were  navigable, 
the  British  appeared  in  considerable  force  on  Ontario,  and 
the  naval  armament  of  the  United  States  there  was  not 
sufficiently  powerful  to  meet  them.  There  was  great  alarm 
at  Sacket's  Harbor,  and  other  places  in  the  vicinity,  from 
the  expectation  of  an  attack  from  the  enemy,  who  were  in 
large  force  at  Kingston,  on  the  Canada  shore.  The  place 
was  much  exposed ;  but  for  some  reason,  no  part  of  the 
army,  under  Wilkinson,  was  sent  therefor  its  defence.  His 
aim  appeared  to  be  another  attempt  to  invade  Canada, 
farther  north.  He  soon  after  met  the  British  on  his  march, 
and  was  obliged  to  return  to  Plattsburg,  with  the  loss  of 
some  cannon  and  about  eighty  men.  At  Plattsburg  and 
at  Sacket's  Harbor,  there  were  heavy  complaints  heard 
against  the  American  generals,  for  want  of  judgment  and 
energy,  in  this  military  enterprise. 

At  a  later  period  in  the  season,  after  the  northern  army 
was  strengthened  by  new  enlistments — for  though  there  had 
been  new  proposals  for  peace,  great  preparations  were 
deemed  necessary  on  the  opening  of  the  year,  1814 — Can- 
ada was  again  invaded  ;  and  a  detachment  from  the  United 
States  troops,  consisting  of  about  two  thousand,  under  Gen- 
eral Jacob  Brown,  crossed  the  Niagara  river,  in  July,  and 
attacked  the  British  at  Chippewa,  with  great  bravery  and 
success.  The  enemy,  with  a  larger  force  than  General 
Brown  commanded,*  offered  battle ;  and  it  was  not  de- 
clined. The  action  was  very  severe,  and  the  loss  great  on 
both  sides ;  but  the  British  suffered  most  on  this  occasion. 
Their  killed  and  wounded  numbered  400 ;  while  those  of 
the  Americans  were  a  little  more  than  200.  Generals  Rip- 
ley and  Scott  were  the  next  in  command  to  General  Brown  ; 
and  received  high  praise  from  him,  in  his  official  account  of 
the  action,  for  their  bravery  and  activity. 

It  was  the  expectation  of  General  Brown  that  the  United 
States  fleet,  then  at  Sacket's  Harbor,  would  have  co-oper- 
ated, and  would  assist  his  continuance  and  progress  in 
Canada ;  but  it  was  not  in  a  condition  to  command  the 
lake,  and  could  not  therefore  afford  the  support  and  aid 
desired.     General    Brown,  however,   remained  in  Canada, 


*  The  numbers  were  variously  stated.  But  it  appears  that  the  British  troops 
were  about  3000,  including  Indians  ;  and  the  United  States  forces,  under 
General  Brown,  about  2000.     Chippewa  is  ten  miles  from  Q,ueenstown. 


1814]  MADISON  219 

in  the  vicinity  of  Chippawa,  for  some  time,  in  the  hope  of 
receiving  assistance  from  the  naval  armament  on  the  lake. 
On  the  25th  of  July,  another  battle  took  place  between 
the  British  and  American  troops,  near  the  Falls  of  Niaga- 
ra— the  British  force  exceeded  three  thousand,  including 
a  reinforcement  after  the  battle  had  began,  under  the  com- 
mand of  Lieutenant  General  Drummond  :  and  the  United 
States  troops,  not  so  numerous,  under  General  Brown. 
The  slaughter  in  this  second  battle  was  very  great ;  and 
the  contest  was  maintained  several  hours  with  obstinate 
bravery  on  both  sides.  Ripley  and  Scott  were  distin- 
guished on  this,  as  on  the  former  occasion,  by  their  brave 
and  useful  services.  Generals  Brown  and  Scott,  were 
wounded ;  and  General  Riall,  the  second  in  command  in 
the  British  army,  was  taken,  with  twenty  other  officers. 
The  United  States  troops  fell  back  to  Fort  Erie ;  where, 
after  a  few  days,  they  were  attacked  by  the  British,  but 
they  were  compelled  to  retreat. 

In  the  month  of  July,  the  commanders  of  the  British 
ships  of  war  which  had  then  been  in  the  Chesapeake  for 
several  weeks,  landed  men  at  various  places  in  Maryland 
and  Virginia,  who  destroyed  both  public  and  private  build- 
ings, and  carried  away  cattle  and  provisions,  to  a  large 
amount.  They  entered  the  Potomac,  and  ascended  as  high 
as  Westmoreland,  where  they  burnt  the  Court  house,  and 
about  the  same  time,  the  Court  house  in  Calvert  County, 
Maryland.*  And  the  government  paper  expressed  great 
astonishment  that  the  militia  did  not  turn  out  and  prevent 
these  depredations  !  The  militia  were  called  out  in  the 
vicinity  of  the  places  invaded,  and  near  the  coast  where 
the  enemy  appeared,  and  a  few  regular  troops  were 
added,  making  a  force  of  about  five  thousand.  The  Brit- 
ish landed  six  thousand ;  and  after  attacking  some  smaller 
towns,  marched  to  Washington,  meeting  with  little  opposi- 
tion, and  burnt  the  Capitol  of  the  United  States,  the  Pres- 
ident's house, f  several  public  offices,  and  destroyed  much 
other  valuable  property.  The  Maryland  militia,  and  vol- 
unteers from  Baltimore,  soon  collected  and  attacked  them 
as  they  retired,  and  compelled  them  to  embark  on  board 
their  ships.     Several  British  vessels  of  war,  however,  re- 

*  Part  were  landed  by  entering  the  river  Patuxent,  and  a  part  at  Port  To- 
bacco, on  the  Potomac.  Some  accounts  made  their  whole  number  nine  or 
ten  thousand. 

t  The  President,  his  secretaries,  and  family,  had  barely  notice   to  retire  in 


220  FEDERAL  GOVERNMENT.  [1814 

mained  in  the  waters  of  the  Chesapeake,  and  kept  up  an 
alarm  among  the  inhabitants,  for  some  time  after  the  at- 
tack on  Washington.  But  the  militia  of  Maryland  pre- 
vented their  penetrating  again  into  the  country. 

Other  States  on  the  Atlantic  seaboard  were  invaded,  or 
threatened  with  invasion,  during  the  summer  and  fall  of 
1814.  Massachusetts  and  Connecticut  were  particularly 
exposed.  The  ships  of  the  enemy  had  the  command  of 
Long  Island  sound,  and  were  often  hovering  on  the  coast 
of  Connecticut,  which  for  a  great  length  lies  on  that  inland 
sea.  Massachusetts  has  a  seacoast  of  five  hundred  miles, 
Maine  being  then  a  part  of  the  State ;  and  the  greater  part 
of  it  was  visited  or  threatened  by  the  enemy's  ships.  For 
defence  of  the  people  and  property  near  the  coasts,  the 
militia  were  engaged  a  great  part  of  the  season,  amounting 
in  the  whole  to  a  very  large  number  * — and  at  an  expense 
of  nearly  a  million  of  dollars. 

The  navy  of  the  United  States  was  not  inactive  during 
the  year  1814 ;  but  could  not  boast  of  such  brilliant  suc- 
cess as  in  the  two  first  years  of  the  war.  The  British 
ships  were  in  every  sea,  and  of  great  force  ;  and  it  would 
have  been  madness  designedly  to  encounter  them.  When 
opportunity  presented,  and  not  under  great  disadvantages, 
from  inferiority  of  size,  and  guns,  they  played  their  part 
with  their  wonted  bravery.  Only  one  disaster  of  magni- 
tude befel  the  American  navy.  The  frigate  Essex,  which 
was  one  of  the  second  rate  of  ships  of  that  class,  was  taken 
by  a  British  ship  of  war,  of  much  larger  force,  after  a  brave 
and  obstinate  engagement,  on  the  coast  of  Brazil.  The 
Essex  was  attacked  by  two  British  ships,  one  much  larger 
than  that  vessel :  and  the  other  a  large  sloop  of  war. 

After  a  severe  engagement,  between  two  sloops  of  war 
of  equal  force,  in  the  course  of  the  summer,  the  American 
ship  was  victorious  over  the  British ;  which  was  captured 
and  brought  into  the  port  of  Charleston.  On  lake  Cham- 
plain  also,  the  small  United  States  fleet  under  Commodore 
McDonough,  after  being  long  in  apparent  inactivity,  but 
in  truth,  unprepared  for  offensive  operations,  gained  a  com- 
plete victory  over  the  British  force  on  that  lake,  in  Sep- 
tember ;  and  captured  all  their  vessels  but  three  boats. 
The  attack  was  made  by  the  British  commander  on  the 
American  fleet,  near  Plattsburg ;  and  a  large  land  army 
from  Canada,  had  advanced  within  the   territory  of  the 

*  The  whole  number  called  into  service,  for  longer  or  shorter  periods,  was 
nearly  eighty  thousand. 


1814]  MADISON.  221 

United  States,  and  to  the  vicinity  of  that  place.  The 
British  naval  armament  was  superior  to  that  of  the  United 
States  on  the  lake ;  the  battle  was  continued  about  two 
hours  ;  and  the  victory  was  gained  at  a  great  price.  Many 
brave  men  fell  on  the  occasion.  The  land  forces  of  the 
British  soon  after  left  their  advanced  post,  and  returned  to 
Canada. 

The  national  legislature,  which  had  been  adjourned  to 
the  last  of  October,  was  convened  on  the  19th  of  Septem- 
ber, by  a  special  call  of  the  President.     The  great  changes 
in  Europe,  and  the  aspect  of  affairs  in  the  United  States, 
rendered  an  early  meeting  of  Congress  very  important. 
In  a  free  country,  the  representatives  of  the  people  should 
be  often   consulted ;  and  no  measures  of  deep  public  in- 
terest adopted  without  an  understanding  of  the  Executive 
with  the  other  branches  of  the  government.     Too  much 
had  been  already  done  in  secret ;  and  it  was  necessary 
that  Congress  should  have  more  information,  as  to  the  for- 
eign relations  of  the  United  States.     At  an  early  day  in 
the  session,  the  President  laid  before  Congress  the  instruc- 
tions which  had  been  given  the  American  Envoys,  ap- 
pointed to  negotiate  a  peace,  and  the  correspondence  which 
had  taken  place  on  the  subject.     And  by  these,  it  appeared, 
that  new  terms  were  proposed ;  and  authority  given  the 
Envoys  to  make  peace,  without  insisting  on  all  the  claims 
and  principles  before  advanced.     The  spirit  and  tone  of 
the  public  message  of  the  President  to  Congress,  at  this 
time,  were  very  different  from  his  former  communications. 
There  was,   indeed,   a  complaint  that   the  claims  of  the 
British  government  were  the  cause  of  the  war,  and  that 
the  conduct  of  British  commanders  was   cruel  and  barbar- 
ous.    But  a  desire  for  peace  was  strongly  expressed,  and 
a  disposition  fully  manifested  to  represent  the  views  of  the 
British  Cabinet  less  hostile  than  had  been  formerly  stated, 
"  The  repeal  of  the  orders  in  council ;  and  the  general 
pacification  in  Europe,  which  withdrew  the  occasion  on 
which  impressments  on  American  vessels  were  practiced, 
lead  to  an  expectation  that  peace  and  amity  may  be  estab- 
lished."    And  with  a  view,  no  doubt,  to  justify  the  con- 
tinuance of  the  war,  after  the  repeal  of  the  British  orders, 
and  a  proposal  for  cessation  of  hostilities  in  the  summer 
of  1812,  the  refusal  of  England  to  accept  the  mediation  of 
Russia  was  mentioned  as  evidence  of  a  wish  for  war  on 
the  part  of  that  government,  and  as  furnishing  good  cause 
for  prosecuting  it  by  the  United  States. 

Though  some  parts  of  the  message  were  disapproved  by 


222  FEDERAL  GOVERNMENT.  [1814 

the  friends  of  peace  in  Congress  who  had  been  opposed  to 
the  declaration  of  war,  the  instructions  of  the  President  to 
the  Envoys  then  in  Europe  to  negotiate  with  the  British, 
requiring  only  such  conditions  as  were  considered  reason- 
able, and  giving  up  some  points  before  demanded,  met  with 
very  general  acceptance  ;  and  an  opinion  was  expressed 
by  several  members  in  the  opposition,  that  if  peace  could 
not  be  obtained  on  the  terms  then  offered,  the  war  should 
be  readily  supported  by  all  parties.  It  was  evident,  how- 
ever, from  the  diplomatic  correspondence  communicated  to 
Congress,  that  the  misfortunes  and  disasters,  which  had 
fallen  on  the  French  Emperor,  had  an  influence  in  giving 
a  more  pacific  tone  to  the  new  instructions  of  the  Presi- 
dent. 

This  disposition  of  the  American  administration,  as  the 
war  had  been  commenced  with  extravagant  claims  on  its 
part,  gave  strong  hopes  of  peace.  But  as  such  an  event 
was  uncertain,  as  to  how  soon  it  might  occur,  it  was  proper 
to  keep  up  the  army ;  and  various  acts  of  Congress  were 
passed  to  increase  the  regular  troops,  and  to  accept  the  ser- 
vice of  State  troops  for  local  defence.  The  public  debt, 
having  increased  to  a  vast  amount  in  the  course  of  three 
years,  it  was  found  necessary,  even  with  a  great  probability 
of  a  speedy  restoration  of  peace,  to  increase  the  taxes  in 
various  ways.  A  new  direct  tax  of  six  millions  was  laid ; 
the  rate  of  postage  on  letters,  by  the  public  mail,  was  in- 
creased fifty  per  cent.  Duties  on  sales  at  auction  were  in- 
creased one  hundred  per  cent.  Fifty  per  cent,  added  to  the 
duties  on  licenses  to  retail  wine  and  spirituous  liquors.  The 
duties  on  distilled  spirits,  on  pleasure  carriages,  on  house- 
hold furniture,  and  on  watches,  were  increased ;  and  new 
duties  laid  on  goods  and  wares  manufactured  in  the  United 
States. 

These  propositions  were  opposed  with  great  earnestness 
and  power  by  several  members  of  Congress  ;  especially  the 
bill  for  six  millions  of  direct  taxes.  The  war  was  denounced 
.as  unjust,  as  well  as  unnecessary,  and  as  being  exceedingly 
oppressive  to  the  people,  whose  course  of  profitable  business 
had  been  so  greatly  interrupted.  Complaints  on  this  subject 
were  every  where  heard  among  the  people,  and  the  majority 
became  desirous  of  peace  on  any  terms.  During  the  ses- 
sion, a  bill  was  presented  for  establishing  a  new  Bank  of 
the  United  States,  as  it  was  believed  it  would  assist  the 
government  in  its  financial  concerns,  as  well  as  the  trading 
part  of  the  community.  The  plan  was  approved  by  the 
Secretary  of  the  Treasury,  (Mr.  Dallas,)  and  passed  in  the 


1814]  MADISON.  223 

House  of  Representatives  and  in  the  Senate  ;  but  the  Pres- 
ident disapproved  of  it,  and  it  did  not  become  a  law.  Some 
doubted  the  constitutional  power  of  Congress  to  pass  such 
an  act ;  though  a  National  Bank  had  been  adopted  with  the 
approbation  of  Washington,  when  he  was  President :  and 
others  supposed  that  it  conferred  special  privileges  on  a  few, 
and  those  solely  of  the  mercantile  class  of  citizens.  The 
law,  providing  for  calling  out  the  militia  to  defend  their  re- 
spective States,  was  very  acceptable,  and  was  more  agreeable 
to  the  State  authorities,  who  could  thus  employ  them  near 
their  homes,  and  merely  for  defence.  In  the  Atlantic  States, 
where  the  British  vessels  often  landed  their  men,  such  a 
plan  was  useful  and  necessary ;  and  it  was  also  in  harmony 
with  the  principles  of  the  whole  militia  system.  It  was  in 
substance  such  as  was  proposed  and  prayed  for  by  the 
Hartford  Convention,  in  December,  1814,  composed  of  Del- 
egates from  most  of  the  New  England  States.  One  of  the 
measures  they  recommended  was,  that  Congress  should 
permit  for  the  Governor  of  each  State  to  employ  the  militia 
for  its  own  defence,  thus  rendering  unnecessary  a  large 
regular  army,  unless  foreign  conquest  was  intended ;  and 
a  reimbursement  be  made  by  Congress,  after  the  war  was- 
over,  to  each  State,  according  to  its  expenses  so  incurred. 
And  this  was  the  principal  measure  adopted  or  recommended 
by  that  Convention ;  except  remonstrating  against  both  the 
necessity  and  propriety  of  the  war. 

The  portion  of  the  United  States  army  in  the  south,  under 
command  of  Major  General  Andrew  Jackson,  with  a  large 
body  of  the  militia,  made  a  successful  stand  against  the 
British,  who  made  an  attack  on  New  Orleans,  in  January, 
1815.  The  British  forces  were  estimated  at  20,000.  The 
American  troops,  under  General  Jackson,  were  far  less  nu- 
merous ;  and  a  full  moiety  of  them  were  militia.  He  ar- 
ranged the  troops  and  laid  his  plans  with  great  judgment, 
and  met  the  enemy,  soon  after  they  landed,  in  a  situation: 
of  great  disadvantage  to  the  British,  and  highly  favorable  to 
the  Americans.  The  United  States  forces  were  completely 
victorious  over  the  British :  and  the  latter  lost  a  large  portion 
of  their  troops,  in  killed,  wounded,  and  taken.  The  battle  of 
New  Orleans  was  one  of  the  most  brilliant  affairs,  where  the 
land  forces  were  concerned,  which  occurred  during  the  war. 

A  bill  was  before  Congress  several  weeks  in  November 
and  December,  of  this  session,  for  authorizing  the  President, 
on  a  refusal  of  the  Governor  of  any  State  to  call  out  the 
militia  when  requested,  to  order  subordinate  militia  officers 
immediately  to  march  their  men  as  might  be  directed  by 


224  FEDERAL  GOVERNMENT.  [1814 

the  officers  of  the  regular  army.  It  was  approved  by  the 
majority  in  the  House  of  Representatives ;  but  was  lost  in 
the  Senate,  after  long  and  earnest  debate,  by  a  single  vote. 
The  objection  to  the  bill  was,  that  it  was  in  violation  of  the 
rights  of  the  militia,  and  wholly  unauthorized  by  the  Con- 
stitution. One  section  of  the  bill  also  provided  for  drafting 
the  militia,  when  they  did  not  voluntarily  enlist.  The  most 
powerful  argument  against  it,  was  its  direct  interference 
with  the  privileges  of  the  citizens  enrolled  in  the  militia, 
who  were  considered  as  under  the  authority  of  a  State,  and 
recognized  to  be  so,  even  by  the  federal  Constitution.  The 
opinion  of  some  eminent  statesmen  on  this  subject  are  given 
in  a  note  below.*     The  subject  involved  directly  the  great 

*  Gov.  Strong  of  Massachusetts — "  We  have  lately  heard  it  observed,  that 
the  State  legislatures  have  no  right  to  express  their  opinions  concerning  the 
measures  of  the  federal  government.  But  this  doctrine  is  opposed  to  the  first 
principles  of  liberty;  and  cannot  be  approved  by  any  one  who  has  well  con- 
sidered the  organization  of  our  government,  or  the  arguments  used  in  favor  of 
the  federal  constitution,  when  that  system  was  adopted.  The  government  of 
the  United  States  is  founded  on  the  State  governments,  and  must  be  supported 
by  them.  In  the  arrangements  of  the  different  powers,  the  State  governments 
are,  to  many  purposes,  interposed  between  the  government  of  the  United  States 
and  the  people.  If  the  latter  think  they  are  oppressed,  they  will  complain  to 
their  immediate  Representatives ;  and  the  remonstrance  of  a  State  legislature 
will  not  often  be  slighted  by  a  wise  and  just  administration.  The  powers  of 
the  federal  government  are  limited  by  the  Constitution,  which  points  out  the 
extent  of  those  powers,  and  the  manner  in  which  they  are  to  be  exercised. — 
But  the  Constitution  will  be  of  little  value,  unless  it  is  strictly  observed.  If, 
at  any  time  the  national  administration  should  disregard  its  authority,  either  by 
violating  its  express  provisions,  or  by  the  assumption  of  power  not  delegated 
to  it,  its  commands  would  be  unjust,  and  it  would  be  chargeable  with  a  danger- 
ous abuse  of  confidence.  The  State  legislatures  are  the  guardians,  not  only 
of  individuals,  but  of  the  sovereignty  of  their  respective  States  :  and  while 
they  are  bound  to  support  the  general  government  in  the  exercise  of  its  consti- 
tutional powers,  it  is  their  duty  to  protect  the  rights  of  the  States  and  of  their 
constituents.  The  security  thus  afforded  to  the  people  would  be  lost,  if  the 
State  legislatures  were  implicitly  devoted  to  the  views  of  the  federal  govern- 
ment, or  were  deprived  of  their  rights  to  inquire  into  its  measures." 

The  views  of  a  distinguished  Senator  of  the  United  States  from  Massachu- 
setts, (Mr.  Gore,)  were  given  in  a  debate  in  February,  1815,  relating  to  the 
power  of  the  federal  government  over  the  militia. — "  A  question  has  sometimes 
been  suggested,  whether  the  government  of  a  State  has  a  right  to  judge,  if  the 
requisition  for  the  militia  be  within  the  provisions  of  the  Constitution.  A  little 
reflection  on  the  nature  of  the  government  of  the  United  States  and  of  a  State, 
and  of  the  relation  in  which  the  supreme  executive  of  the  latter  stands  to  the 
United  States,  and  to  the  citizens  of  his  particular  State,  will  show  that  he  is 
obliged  to  examine,  whether  the  case  for  which  the  requisition  is  made,  be 
within  the  provisions  of  the  Constitution;  and  if  the  purposes  for  which  it  is 
declared  are  clearly  not  within  the  powers  delegated  by  that  instrument,  to 
withhold  compliance.  The  federal  government  can  exercise  no  powers,  not 
granted  by  the  Constitution;  but  so  far  as  it  can  support  such  as  it  claims,  on 
this  charter,  it  is  sovereign,  and  has  no  other  control  than  its  own  discretion. — 
The  government  of  each  State  is  equally  sovereign,  with  respect  to  every  power 


1814]  MADISON.  225 

question  of  the  extent  of  power  in  the  federal  government 
over  the  separate  States,  and  in  cases  where  the  Constitution 
did  not  clearly  grant  it.  The  authority  therein  giren  to 
Congress,  was  for  certain  specific  objects  and  purposes. — 
And  it  was  insisted  that  the  power  could  not  be  extended 
except  by  usurpation. 

of  an  independent  State,  which  it  has  not  delegated  to  the  general  government, 
or  which  is  not  prohibited  to  the  separate  States  by  the  Constitution,  whether 
the  militia — the  peculiar  force  of  a  State,  and  that  which  is  to  protect  and  de- 
fend it — is  called  forth  by  the  federal  government  according  to  the  provisions 
which  the  States  made,  in  delegating  power  to  this  government;  must  be  a 
question  between  two  sovereign  and  independent  governments ;  and  on  which 
there  is  no  tribunal  authorized  to  judge  between  them.  And  if  the  governors, 
who  are  the  Commanders-in-Chief  of  the  militia  of  their  respective  States, 
should  surrender  this  force  to  the  general  government,  in  a  case  not  authorized 
in  the  Constitution,  they  would  betray  the  trust  confided  to  them  by  the 
people.  They  must,  therefore,  examine  the  case  when  called  upon,  and  decide 
according  as  their  duty,  prescribed  by  the  Constitution  of  the  United  States 
and  that  of  their  own  State,  shall  demand." 

Another  eminent  Senator  from  Massachusetts,  (Mr.  Lloyd,)  expressed  a 
similar  opinion  on  this  subject.  "  The  admission  of  the  doctrine,  to  the  full 
extent,  that  the  federal  executive  is  to  be  the  only  judge  of  the  emergencies,  in 
which  the  militia  is  to  be  brought  into  the  service  of  the  United  States  at  the 
time,  and  in  the  manner,  which  it  may  think  expedient;  that  the  militia  can, 
by  a  junction  of  a  large  number  to  a  few  regular  troops,  be,  in  fact,  officered 
by  the  President;  and  that  the  executives  of  the  several  States,  contrary  to 
their  own  belief  in  the  existence  of  such  emergency,  should  be  obliged  to 
submit  to  such  authority,  or  such  a  tribunal,  erected  in  the  breast  of  a  single 
person,  and  to  yield  implicit  obedience  to  such  an  opinion,  must  place  them  at 
the  mercy  or  disposition  of  any  future  tenant  of  power;  strip  the  individual 
States  of  their  physical  as  well  as  fiscal  power;  and  scarcely  leave  them  the 
remnant  of  that  sovereignty  and  self-dependence,  which  some  of  them  at  least 
supposed  they  had  retained." 

When  the  bill,  called  the  militia  conscription  bill,  was  before  Congress,  in 
December,  1814,  a  Representative  from  Massachusetts,  (Mr.  Ward,)  said — 
"  I  cannot  suppress  my  astonishment,  when  I  hear  gentlemen  quote  the  pre- 
amble of  the  Constitution,  as  an  authority  to  exercise  power  not  given  in  that 
instrument,  and  proposed  to  give  the  executive  by  this  bill.  It  appears  to  me 
to  make  directly  against  them.  Under  a  Constitution  formed  for  the  express 
purpose  of  securing  the  blessings  of  civil  liberty,  they  claim  the  right  of 
exercising  a  power  inconsistent  with  the  first  principles  of  civil  liberty,  and 
repugnant  to  the  genius  and  nature  of  our  government.  If  Congress  have  such 
a  power,  we  are  not  freemen.  The  preamble  states  the  objects  which  the 
people  had  in  view,  in  giving  the  powers  which  they  granted,  and  not  as  a 
designation  of  powers  which  were  to  be  given.  But  there  is  no  express  pro- 
vision in  the  Constitution,  that  Congress  shall  have  power  to  provide  for  the 
common  defence  and  promote  the  general  welfare."  And  to  say,  that  Congress 
have  all  the  powers  which  they  may  deem  necessary  and  choose  to  exercise,  to 
accomplish  these  objects,  and  that  they  are  not  restrained  by  the  powers  ex- 
pressly given,  is,  in  effect,  to  say  that  there  is  no  limit  to  their  powers.  But 
if  powers  were  given  in  the  general  terms  before  mentioned — which  however 
is  not  admitted — and  afterwards  particular  powers  were  expressed,  the  general 
powers  must  be  controlled  and  restrained  by  the  special. 

Though  the  federal  government  cannot  claim  any  power  by  implication;  yet 

29 


226  FEDERAL  GOVERNMENT.  [1814 

It  is  evident  that  the  framers  of  the  federal  compact  in- 
tended carefully  to  guard  the  rights  and  liberties  of  the 
people ;  to  maintain  the  natural  and  essential  distinction 
between  the  militia  and  regular  troops,  and  to  give  authority 
to  the  national  rulers  over  the  militia  only  for  purposes  of 
defence  in  cases  of  sudden  invasion.     And  the  people,  and 

this  cannot  be  said  of  the  State  governments.  It  is  fair  to  infer  what  they 
meant  to  reserve  in  one  case,  by  what  they  refused  to  give  in  another.  That 
the  people  and  the  States  did  not  intend  to  give  Congress  power,  to  compel 
the  citizens  by  force,  or  their  children,  to  enter  the  regular  army,  destined  for 
foreign  conquest,  under  United  States  officers,  is  clearly  to  be  inferred  from 
their  refusing  to  place  the  militia  under  United  States  officers,  when  forced  into 
the  service  in  the  case  of  invasion. 

When  the  Constitution  was  formed  and  adopted,  a  jealousy  of  the  military 
power,  and  a  caution  as  to  what  they  should  part  with,  were  predominant 
feelings  in  the  people  of  all  the  States.  A  consolidated  military  government 
was  the  object  of  fearful  apprehension.  The  State  governments  had  been 
tried;  and  a  more  general  confidence  was  placed  in  them  than  in  that  of  the 
United  States.  The  blessings  of  civil  liberty  were  thought  more  secure,  with- 
out giving  to  the  federal  government  an  unlimited  power  of  the  sword.  And 
had  the  people  of  Massachusetts  been  told,  that  Congress  would  have  power 
to  raise  regular  armies,  by  the  new  Constitution,  against  the  opinion  of  their 
State  legislature,  for  foreign  conquest,  or  any  other  purpose,  and  their  sons  or 
themselves  thrust  into  the  ranks  under  command  of  United  States  officers,  and 
be  subject  to  martial  law,  and  the  discipline  and  severity  of  a  camp,  they  would 
have  given  it  no  consideration,  but  rejected  it  at  once.  They  would  have  said, 
as  the  people  of  Virginia  did,  on  a  less  warrantable  occasion,  "  we  will  secede 
from  the  Union,  and  be  under  the  protection  and  government  of  a  hundred 
thousand  free  and  independent  citizens." 

The  following  paragraph  is  from  a  report,  made  by  another  distinguished 
statesman  of  Massachusetts,  (Mr.  Otis,)  on  this  difficult  subject. — "The  au- 
thority of  the  national  government  over  the  militia,  is  derived  from  the  clauses 
in  the  Constitution,  which  give  power  to  Congress  to  provide  for  calling  forth  the 
militia  to  execute  the  laws  of  the  Union,  suppress  insurrection,  and  repel  inva- 
sions." Also  "to  provide  for  organizing,  arming,  and  disciplining  the  militia, 
and  for  governing  such  parts  of  them  as  may  be  employed  in  the  service  of 
the  United  States,  reserving  to  the  States  respectively,  the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia  according  to  the  discipline  pre- 
scribed by  Congress."  Again,  "  the  President  shall  be  Commander-in-Chief 
of  the  army  and  navy  of  the  United  States,  and  of  the  militia  of  the  several 
States,  when  called  into  the  actual  service  of  the  United  States."  In  these 
specified  cases  only  has  the  nation  power  over  the  militia.  And  it  follows 
conclusively,  that,  for  all  general  and  ordinary  purposes,  this  power  belongs  to 
the  States  respectively;  and  to  them  alone.  It  is  perceived  not  only  with 
astonishment,  but  regret,  that,  under  color  of  an  authority  conferred  with  such 
plain  and  precise  limitations,  a  power  is  arrogated  by  the  federal  executive, 
and  in  some  cases  sanctioned  by  Congress,  of  a  control  over  the  militia, 
which  if  conceded,  will  render  nugatory  the  rightful  authority  of  the  individual 
States  over  that  class  of  men;  and,  by  placing  at  the  disposal  of  the  national 
government,  the  lives  and  services  of  the  great  body  of  the  people,  enable 
it  at  pleasure  to  destroy  their  liberties  and  erect  a  military  despotism  on  its 
ruins.  It  will  not  be  denied,  that  by  the  terms  used  in  the  federal  compact, 
the  power  of  the  general  government  to  call  out  the  militia,  is  expressly  limited 
to  three  cases.     One  of  these  must  exist  as  a  condition  precedent  to  the  exercise 


1814]  MADISON.  227 

their  State  representatives  for  them,  have  a  right  to  insist, 
that  the  power  be  exercised  only  in  the  exigencies  specified. 
Had  not  an  attempt  been  made  to  call  out  and  to  command 
the  militia  in  circumstances,  other  than  those  plainly  within 
the  meaning  of  the  Constitution,  no  dispute  probably  would 
have  arisen  on  the  subject ;  and  the  citizens  would  have 
been  promptly  called  out  by  the  Governors  of  the  several 
States,  on  the  requisition  of  the  federal  executive,  to  defend 
the  country  against  an  invading  foe. 

There  is  a  disposition  in  all  governments  to  accumulate 
power,  and  not  infrequently  to  assume  that  which  is  not 
granted.  And  the  great  consideration,  which  shows  the 
importance  of  contending  for  the  just  rights  of  the  separate 
States,  and  therefore,  for  the  rights  of  people  thereof,  is  the 
unfavorable  effect  which  would  follow  the  abandonment 
of  them.  The  power  granted  to  the  federal  government  is 
not  to  be  opposed  nor  resumed ;  and  no  friend  of  the  Union 
of  the  States  can  wish  to  lessen  it.  It  was  granted  for 
great  national  and  general  purposes,  by  the  people,  or  their 
immediate  representatives.  But  it  is  highly  important  to 
remember,  that  it  is  a  delegated  power  ;  and  that  what  is 
not  expressly  or  clearly  vested  in  the  federal  government 
by  the  Constitution,  remains  with  the  States,  or  the  people 
of  the  States  respectively. 

A  consolidation  of  all  political  power  in  the  federal  gov- 
ernment, as  has  been  sometimes  urged,  and  perhaps  as- 
sumed, or  a  great  increase  of  it,  so  as  to  leave  little  au- 
thority to  the  individual  States,  would  serve  to  lessen  the 

of  that  power.  Unless  the  laws  shall  be  opposed,  or  an  insurrection  exist,  or  an 
invasion  made,  neither  the  President  nor  Congress  has  any  power  whatever 
over  the  militia.  And,  if  the  declaration  of  the  President  be  admitted  as  an  un- 
erring test  of  the  existence  of  these  cases,  this  important  power  would  de- 
pend, not  on  the  truth  of  the  fact,  but  on  executive  infallibility:  and  the  limi- 
tation of  the  power  would  be  nothing  more  than  merely  nominal,  as  it  might 
always  be  eluded.  It  follows,  therefore,  that  the  decision  of  the  President,  in 
this  particular,  cannot  be  conclusive.  It  is  as  much  the  duty  of  the  State  gov- 
ernments to  watch  over  the  rights  reserved,  as  of  the  United  States  to  exercise 
the  powers  which  are  delegated." 

In  1793,  when  Georgia  was  exposed  to  an  attack  from  the  Indians,  the  gov- 
ernor applied  to  the  President  of  the  United  States  for  aid — who  authorized 
him  to  call  out  the  militia  for  the  defence  of  the  State.  He  was  cautioned 
against  all  offensive  measures;  and  informed,  that  in  case  of  invasion,  or 
imminent  danger  of  it,  to  call  out  the  militia,  who  in  such  case  would  be  re- 
munerated by  the  general  government.  He  was  also  told,  that  he  was  to 
judge  of  the  degree  of  danger  and  of  its  duration — and  that  the  men  were  to 
be  called  out  in  conformity  to  the  militia  laws.  The  Governor  of  South 
Carolina  was  at  that  time  requested  by  the  President,  if  Georgia  were  invaded 
and  needed  aid,  to  grant  it,  by  marching  the  militia  of  his  State,  as  he  himself 
might  judge  necessary,  and  the  case  require  assistance." 


FEDERAL  GOVERNMENT.  [1814 

liberties  of  the  people  in  the  end,  and  gradually  tend  to  an 
encroachment  on  their  civil  and  social  rights.  The  ex- 
ecutive of  the  Union,  which  \\  ;ts  early  supposed  not  suffi- 
ciently powerful,  has  sometimes  manifested  a  disposition 
to  extend  its  authority.  Its  discretion  has  been  claimed  to 
be  the  only  limit  of  its  powers.  And  the  citizens,  who  are 
seeking  for  the  smiles  and  favor  of  the  Chief  Magistrate, 
have  been  ready  and  forward,  to  support  such  a  dan- 
gerous doctrine.  The  certain,  though  gradual  effect  of  the 
concentration  of  all  the  political  power  of  the  nation  in  the 
federal  government,  would  be  the  multiplication  of  its  agents 
and  officers,  and  the  comparative  increase  and  superiority 
of  their  influence.  Not  being  immediately  dependent  on 
their  fellow-citizens,  over  whom  they  have  authority,  they 
will  not  be  desirous  to  secure  their  good  opinion,  nor  to 
consult  for  their  best  interests.  They  will  often  be  stran- 
gers, and  in  all  cases  will  lose  that  identity  with  the  people, 
which  it  is  essential  to  cherish  in  a  republican  government, 
founded  by  the  people  themselves,  and  for  their  good. 

It  is  in  the  distant  provinces  of  a  great  empire  or  nation,  and 
under  the  authority  of  subordinate  officers,  that  oppression, 
in  its  worst  forms,  is  found  to  exist.  And  a  very  extensive 
republic  will  not  long  preserve  the  liberties  of  the  people, 
unless  divided  into  small  districts  or  States  ;  in  which  the 
citizens  reserve  and  possess  a  large  portion  of  power  for 
self-government.  The  government  may,  indeed,  be  power- 
ful ;  but  the  people  will  enjoy  less  freedom.  So  it  was  in 
the  Roman  provinces;  and  so  it  was  in  the  English  colo- 
nies of  North  America  before  the  Revolution  of  1775.  There 
was  far  more  security  and  liberty  for  the  subject  in  Great 
Britain,  before  that  event,  than  in  some  of  the  colonies. 
For  the  preservation  of  the  rights  and  the  liberties  of  the 
people  in  the  United  States,  it  is  important  that  the  as- 
sumption of  power  by  the  general  government  be  vigilantly 
watched  and  guarded  against ;  and  the  authority  of  the 
individual  States,  not  clearly  granted,  be  strenuously  main- 
tained. Except  in  certain  enumerated  instances  and  re- 
spects, the  separate  States  are  sovereign  and  independent 
governments ;  representative,  elective,  republican.  As  long 
as  they  so  remain,  the  people  have  the  best  security  for 
personal  freedom,  and  for  the  enjoyment  of  their  social 
rights.  But  whenever  the  States  lose  their  individuality, 
or  are  known  only  by  territorial  limits,  and  all  power  is 
assumed  and  exercised  by  the  general  government,  whether 
given  or  not  by  the  Constitution  of  the  United  States,  then 


1814]  MADISON.  229 

it  may  be  safely  predicted,  that  their  liberties  will  not  long 
remain. 

Obsta  prineipiiS)  is  a  sound  maxim  in  political  affairs. 
When  princes  and  rulers  nsnrp  power  not  granted  them 
by  their  constituents,  and  the  people  acquiesce  in  the  exer- 
cise of  it,  they  are  unfaithful  to  their  posterity,  and  may  be 
justly  chargeable  with  indifference  to  their  own  freedom. 
The  assumption  of  undelegated  power  is  to  be  resisted  at 
once  by  remonstrances,  and  a  manly  assertion  of  the  people's 
rights.  A  single  act  of  tyranny  or  despotism,  if  not  disap- 
proved, will  be  urged  as  a  precedent  for  other  and  more 
dangerous  acts  of  usurpation. 

The  militia,  as  citizens,  have  sacred  and  inviolable  rights. 
And  no  executive  officer  of  a  State,  or  of  the  nation,  has 
authority  over  them,  to  make  soldiers  of  them  against  their 
will,  except  where  the  Constitution,  which  is  the  rule  the 
people  have  themsejves  made,  as  well  for  their  public 
agents  as  for  themselves,  allows  and  provides.  The  federal 
Constitution  has  provided  for  calling  out  the  militia  in  cer- 
tain cases,  and  under  certain  circumstances;  but  even  in 
these  cases,  there  are  some  restrictions  or  qualifications  of 
the  power;  in  other,  and  the  usual  conditions  of  the  country, 
the  authority  to  govern,  direct,  and  call  forth  the  militia, 
remain  with  the  respective  States  ;  which  may  be  justly 
said  to  possess  more  of  a  directly  parental  character  to- 
wards the  people,  than  the  national  government. 

A  treaty  of  peace  between  the  United  States  and  Great 
Britain,  was  concluded  December  24th,  1814  ;  and  the  in- 
telligence was  received  at  Washington  early  in  the  month 
of  February  following.  It  was  the  occasion  of  sincere  and 
universal  rejoicing.  So  expensive  had  the  war  proved, 
and  so  little  prospect  was  there  of  securing  any  thing  of 
real  benefit,  or  of  obtaining  the  admission  of  claims  insisted 
on,  when  and  before  it  was  declared,  that  the  administra- 
tion received  the  report  of  peace  with  great  satisfaction  ; 
and  the  same  considerations  made  it  extremely  welcome  to 
the  people.  To  the  administration  it  was  an  inexpressible 
relief;  for  difficulties  and  embarrassments  had  been  long 
gathering  and  thickening  around  it.  And  the  people  at 
large,  having  no  feeling  as  to  the  consistency  or  honor  of  the 
war  policy,  were  happy  to  learn  the  restoration  of  peace, 
the  revival  of  commercial  enterprise,  and  the  prospect  of  a 
diminution  of  taxes  in  future.  On  the  subject  of  impress- 
ments, the  treaty  was  silent ;  and  commercial  regulations 
between  England  and  America  were  referred  to  negotia- 
tions proposed  to  be  resumed  at  an  early  day. 


230  FEDERAL  GOVERNMENT.  [1814 

The  principal  articles  of  the  treaty  were  for  restoring  all 
territory  and  possessions  taken  by  either  party  from  the 
other  during  the  war,  except  some  small  islands,  of  little 
value  or  importance,  in  or  near  the  bay  of  Passamaquoddy 
— for  the  release  of  all  prisoners  of  war,  taken  on  either  side, 
by  land  or  sea — for  ascertaining  what  islands  had  pre- 
viously belonged  to  either  contracting  party,  according  to 
the  understanding  of  the  treaty  of  1783 — for  running  and 
establishing  the  boundary  line  on  the  east  or  northeast, 
and  the  north  and  northwest  parts  of  Massachusetts,  (now 
Maine,)  which  divides  the  United  States  from  the  British 
provinces  of  New  Brunswick  and  Canada — for  preventing 
further  hostilities  with  the  Indian  tribes,  and  restoring  to 
them  the  possessions  and  territories  which  they  before  held 
— for  using  the  best  endeavors  of  both  nations  to  put  an 
entire  end  to  the  slave  trade,  "  so  irreconcilable  with  the 
principles  of  humanity  and  justice." 

The  public  debt,  which  had  been  gradually  reduced  from 
an  early  period  after  the  organization  of  the  federal  govern- 
ment, was  necessarily  much  increased  during  the  war  of 
1812—1815.  A  short  time  before  the  intelligence  of  peace 
arrived,  Congress  had  ordered  a  direct  tax  of  six  millions, 
to  be  assessed  annually,  while  the  war  continued ;  but  in 
March,  1816,  the  act  was  so  far  modified,  as  to  require  a 
tax  of  only  half  the  amount,  for  that  year.  The  amount 
received  into  the  national  treasury,  from  the  sale  of  public 
lands,  was  very  great  in  1816  ;  and  so  continued  for  several 
years;  and  the  duties  on  imported  goods,  after  the  return 
of  peace,  amounted  to  a  large  sum.  The  public  expenses 
for  1815,  were  estimated  at  $39,580,000  and  the  receipts  into 
the  treasury,  to  nearly  $51,000,000;  of  which  $35,260,000 
were  derived  from  loans  and  treasury  notes.  In  1816, 
the  expenditures  were  $48,250,000,  and  the  receipts  were 
$57,170,000.  The  increase  of  the  public  debt,  arising  from 
the  expenses  of  the  war,  amounted  to  $62,000,000,  during 
the  two  first  years  ;  and  for  the  last  year,  almost  an  equal 
sum.  When  the  war  began,  the  national  debt  was  nearly 
extinguished ;  but  when  peace  was  made,  in  1815,  it  had 
increased  to  upwards  of  one  hundred  and  twenty  millions. 
The  military  peace  establishment  was  fixed  at  ten  thousand 
men ;  which  was  a  larger  number  than  many  members  of 
Congress  deemed  necessary.  And  an  appropriation  of 
200,000  dollars  was  made,  for  procuring  materials  for  in- 
creasing the  navy  of  the  United  States. 

The  monetary  concerns  and  the  trade  of  the  country 
-were  in  a  depressed  state,  at  the  close  of  the  war ;  and  it 


1815]  MADISON.  231 

required  some  time  to  reach  the  height  of  prosperity  and 
commercial  enterprise,  at  which  it  had  arrived  in  1807,  the 
year  before  the  embargo  and  restrictive  policy  began.  But 
the  active  and  elastic  spirit,  so  characteristic  of  the  people 
of  the  United  States,  soon  awoke,  and  pushed  them 
forward  in  the  career  of  commercial  adventure.  Attention 
had  been  given  also  to  manufactures,  during  the  war :  and 
it  was  found  that  these  might  be  profitably  established  and 
supported  in  the  United  States.  The  first  efforts  of  this 
kind  were  not  altogether  prosperous  ;  and  in  some  instances, 
the  undertakings  failed  of  giving  the  profits  expected.  But 
after  repeated  trials,  and  with  more  experience,  the  manu- 
facturing establishments  generally  succeeded,  and  added 
greatly  to  the  business  and  wealth  of  the  nation. 

As  had  been  proposed  by  the  British  and  American  com- 
missioners, who  signed  the  treaty  of  peace  at  Ghent,  De- 
cember, 1814,  a  Convention  was  held  in  London  early  in 
1815,  to  form  a  commercial  treaty  between  the  two  govern- 
ments. The  American  commissioners  were  Messrs.  Adams, 
Gallatin,  and  Clay  ;  and  a  treaty  was  prepared  by  them 
and  three  commissioners  on  the  part  of  Great  Britain,  in 
July,  which  was  soon  after  ratified  by  both  the  contracting 
parties,  to  continue  for  four  years.  This  convention  was 
strictly  and  almost  exclusively  of  a  commercial  character; 
the  subject  of  impressments  and  of  blockades  not  being  no- 
ticed by  it.  And  it  purported  to  place  the  commercial  in- 
tercourse between  the  two  countries  on  a  perfect  reci- 
procity.* As  to  discriminating  duties  on  vessels  and  impor- 
tations, such  as  had  been  long  in  force,  there  was  an  entire 
and  mutual  abrogation.  In  times  of  peace,  this  stipulation 
and  agreement  would  operate  favorably  to  the  United 
States,  and  was  therefore  entirely  satisfactory;  except  as 
to  trade  with  the  British  colonies,  which  was  so  left  by  the 
commissioners,  as  to  give  occasion  for  disputes  afterwards. 
Questions  relating  to  maritime  law  was  not  settled,  nor 
scarcely  discussed.  The  trade  of  the  United  States  to, 
and  with  the  British  possessions  in  the  East  Indies,  was 
stipulated  to  be  on  the  footing  it  was  placed  by  the  treaty 
of  1794.  And  there  was  an  article  prohibiting,  to  the  Brit- 
ish, trade  with  the  Indian  tribes  within  the  territory  of  the 

*  In  the  opinion  of  most  men,  well  acquainted  with  the  subject  of  commerce 
and  navigation,  the  terms  of  this  Convention  were  not  more  favorable  to  the 
maritime  rights  and  interests  of  the  United  States,  than  those  of  the  treaty- 
made  in  1794,  by  Mr.  Jay  ;  or  that  signed  by  the  American  Envoys  (Monroe 
and  Pinckney)  in  1807,  which  was  rejected  by  President  Jefferson,  without 
submitting  to  the  Senate. 


232  FEDERAL  GOVERNMENT.  [1815 

United  States  ;  and  to  the  citizens  of  the  latter,  the  trade 
with  those  tribes  in  the  British  territories  in  America. 

After  the  treaty  of  peace  was  signed,  but  before  it  was 
ratified,  or  extensively  known,  and  early  in  1815,  the 
public  ships  of  the  United  States  had  encounters  with  Brit- 
ish ships  of  war,  and  were  generally  victorious.  The  frigate 
Constitution,  under  command  of  Captain  Stewart,  had  an 
engagement  with  two  British  armed  vessels,  one  of  thirty- 
four  guns,  and  one  of  twenty-two,  and  captured  both  of 
them  at  the  same  time.  But  the  frigate  President  was 
taken  about  this  time ;  having  fallen  in  with  several  large 
British  men-of-war,  in  company,  from  which  she  was  un- 
able to  escape. 

The  commercial  enterprise  of  the  United  States  pursued 
to  ports  in  the  Mediterranean,  was  still  occasionally  inter- 
rupted, and  subject  to  depredations  by  Algerine  cruisers. 
The  Dey  of  Algiers  had,  indeed,  renewed  a  predatory  war- 
fare against  the  United  States ;  and  it  became  necessary  to 
afford'  protection  to  American  vessels.  On  the  recom- 
mendation of  the  President,  in  March,  1815,  Congress  passed 
an  act  for  equipping  and  employing  such  force  as  the  Pres- 
ident should  judge  requisite,  "  For  protecting  the  commerce 
and  seamen  of  the  United  States,  on  the  Atlantic,  and  in 
the  Mediterranean."  Algerine  cruisers  taken,  were  to  be 
deemed  lawful  prizes ;  and  merchant  vessels  were  also  au- 
thorized to  be  armed  in  self-defence.  A  treaty  had  been 
made  before  with  that  power;  and  it  had  felt  the  severity 
of  American  bravery ;  but  like  the  savage  tribes  of  Indians, 
it  paid  little  regard  to  treaties,  when  there  was  a  prospect 
of  gain  by  attacking  the  vessels  of  other  nations.  The  en- 
ergetic measures  of  Congress  led  the  Dey,  soon  after,  to 
make  a  treaty  with  the  United  States.  The  appearance  of 
a  formidable  American  fleet  on  his  coast  convinced  him  that 
his  interests  required  peace  ;  and  he  relinquished  all  pre- 
tensions to  tribute  for  the  future.  Captain  Bainbridge  and 
Captain  Decatur  distinguished  themselves  on  this  occasion. 
An  act  was  passed  in  March,  1815,  by  which  the  federal 
government  gave  authority  to  State  courts  to  sustain  and 
decide  on  complaints  and  suits  for  taxes,  duties,  &c.,  im- 
posed by  Congress,  similar  to  the  power  of  the  federal  dis- 
trict courts  for  these  purposes.  The  national  legislature  could 
not  justly  claim  authority  to  require  this  duty  of  any  State 
Court ;  and  it  only  authorized  such  Courts  to  perform  this 
service  for  the  public  convenience,  as  there  might  be  some 
delay  in  the  District  Federal  Courts  from  the  numerous 
cases  which  arose.     And  the  State  Courts  in  these  cases 


1815]  MADISON.  233 

were  no  farther  under  control  of  the  federal  government, 
than  to  decide  according  to  the  laws  of  the  United  States 
relating  to  this  subject.  A  law  of  Congress,  of  a  similar 
character,  and  founded  on  the  same  principle,  authorizes  a 
Justice  of  the  Peace,  or  Justice  of  a  State  County  Court,  to 
issue  a  warrant  and  to  decide  in  cases  of  sailors  deserting  a 
vessel  after  engaging  to  go  to  sea,  and  to  proceed  to  im- 
prison, or  to  order  the  delivery  of  such  seamen,  on  neglect 
of  his  duty.  And  allows  also  of  an  examination  of  seamen, 
charged  with  a  mutiny,  or  an  attempt  to  excite  a  revolt;  and 
of  binding  over  or  committing  them  for  trial  before  the  Dis- 
trict or  Circuit  Federal  Courts.  This  process  is  found  to 
be  for  the  furtherance  of  justice,  especially  in  a  federal 
judicial  district  of  extensive  territory ;  and  there  is  no  as- 
sumption of  power  by  Congress  in  this  procedure. 

At  the  first  session  of  the  fourteenth  Congress,  which  be- 
gan December,  1815,  an  act  was  passed  for  paying  off  the 
national  debt,  which  at  that  period  was  one  hundred  and 
twenty  millions  of  dollars,  by  annual  instalments  of  ten  mil- 
lions. The  bill  for  this  purpose  was  proposed  by  an  emi- 
nent financier  of  South  Carolina,  (Mr.  Lowndes,)  who  was 
some  time  the  chairman  of  the  Committee  of  Ways  and 
Means,  in  the  House  of  Representatives.  But  the  public 
expenses  being  much  less,  as  peace  was  restored,  there  was 
a  reduction  of  most  of  the  taxes  and  duties,  from  the 
amount  required  during  the  three  years  of  war.  The  ad- 
ditional duty  of  postage,  required  in  1814,  was  abolished, 
as  was  that  on  domestic  manufactures,  on  gold,  silver,  and 
articles  of  jewelry  ;  and  on  spirits  distilled  within  the 
United  States,  the  former  duties  were  abolished  or  reduced. 
The  direct  tax  was  ordered  to  be  three  millions  of  dollars, 
in  lieu  of  six  millions,  required  by  a  former  law  of  Con- 
gress. The  additional  duties  which  had  been  previously 
imposed  on  bank  notes,  and  refined  sugars,  on  salt,  and  on 
all  goods,  wares,  and  merchandise,  imported  from  foreign 
countries,  were  also  continued  in  force.  The  pay  of  Custom- 
house officers  was  raised  fifty  per  cent,  and  the  members 
of  Congress  were  granted  a  salary  of  fifteen  hundred  dollars 
a  year,  in  lieu  of  the  allowance  per  diem,  as  formerly  estab- 
lished ;  but  this  law  was  repealed  at  the  next  session. 

In  April,  1816,  a  bank  was  incorporated  by  Congress,  with 
thirty-five  millions  capital,  to  continue  for  twenty  years. 
Many  of  the  political  friends  of  the  administration  were  op- 
posed to  the  law,  as  they  deemed  it  not  within  the  consti- 
tutional power  of  Congress.  The  President  had  objected 
to  a  United  States  Bank,  a  short  time  before,  from  the  same 
30 


234  FEDERAL  GOVERNMENT.  [1815 

consideration  ;  but  his  objections  were  now  removed ;  or  he 
was  satisfied  of  its  utility  to  the  government,  and  to  the 
commercial  part  of  the  nation :  and  he  might  have  consid- 
ered the  establishment  of  such  an  institution  in  1791,  a 
sufficient  precedent.  The  act  of  incorporation  provided, 
that  the  federal  government  should  be  a  proprietor  in  the 
Bankr  to  the  amount  of  seven  millions  of  dollars ;  that  a 
bonus  of  one  and  a  half  millions  be  allowed  the  United 
States  for  the  charter,  to  be  paid  in  two,  three,  and  four 
years;  and  that  no  other  Banking  company  should  be  au- 
thorized by  Congress.  It  was  also  provided  by  the  act  of 
incorporation,  that  the  board  of  directors  should  consist  of 
twenty-five  members  ;  five  of  whom  were  to  be  appointed 
by  the  President  and  Senate ;  that  the  books  and  records 
of  the  Directors  should  be  subject  to  examination  by  a  com- 
mittee of  Congress,  or  of  the  President ;  and,  if  found  to 
have  violated  the  charter,  to  order  scire  facias  to  require 
the  Directors  to  show  cause  why  it  should  not  be  declared 
forfeited.  The  Bank  proved  to  be  a  great  accommodation 
to  the  government,  deeply  in  debt  as  it  then  was ;  as  well 
as  a  facility  to  the  trading  part  of  the  community,  in  their 
monetary  transactions. 

Several  laws  were  passed  by  Congress  at  the  fourteenth 
session,  in  favor  of  the  settlers  on  lands  of  the  United 
States,  of  which  there  had  been  no  specific  sales.  There 
were  then  great  numbers  who  had  sat  down  on  the  public 
lands,  without  purchase  or  legal  authority.  The  law  was 
intended  to  quiet  the  actual  settlers  on  such  vacant  lands, 
on  payment  of  a  moderate  sum,  and  causing  a  registry 
thereof  in  the  proper  offices  provided  for  that  purpose. 

Owing  to  the  interference  by  the  arbitrary  decrees  and 
orders  of  the  two  great  belligerent  nations  of  Europe,  with 
the  commerce  of  the  United  States,  to  a  long  embargo,  and 
to  non-importation  and  non-intercourse  laws  of  the  federal 
government,  and  to  the  war  from  1812  to  1815,  declared  by 
Congress,  the  growing  prosperity  of  the  country  was  greatly 
impeded.  The  exports  were  far  less,  and  the  trade  conse- 
quently less;  and  much  property  taken  and  confiscated  by 
the  belligerent  powers  whose  vessels  covered  the  ocean.  In 
the  years  1808 — 1812,  the  exports,  domestic  and  foreign, 
were  two  hundred  and  forty-one  millions  of  dollars.  Iri 
1813 — 1814,  in  time  of  the  war,  they  amounted  to  little 
more  than  thirty-four  millions.  Of  the  first  amount  of  ex- 
ports, eighty-two  millions  and  a  half  were  articles  of  foreign 
growth  or  produce,  and  the  rest  domestic ;  of  the  latter,  for 
1813  and  1814,  the  foreign  articles  exported  amounted  to 


1815]  MADISON.  235 

three  millions ;  and  the  domestic,  to  thirty-one  millions  eight 
hundred  thousand.  The  greater  part  of  the  exports  of  do- 
mestic growth  consisted  of  grain  and  rice,  and  was  shipped 
to  Spain  and  Portugal.  Nearly  twenty  millions  value  in 
flour,  wheat,  and  rice,  were  carried  to  those  countries  from 
the  United  States  in  1813,  though  war  then  existed  between 
America  and  Great  Britain. 

The  message  of  the  President  to  Congress,  at  the  opening 
of  the  session  in  December,  1815,  gave  a  full  expose  of  the 
state  of  the  nation,  as  to  its  relations  with  foreign  govern- 
ments, to  the  public  debt  and  finances,  to  domestic  manu- 
factures, to  the  navy  and  other  means  of  defence,  and  to  a 
national  currency.  It  was  generally  approved  as  an  able 
state  paper,  and  politically  correct  in  its  views,  with  the 
exception  taken  to  it  by  those  who  considered  the  war  un- 
justifiable, in  that  it  spoke  of  that  measure  "  as  necessary  to 
the  honor  and  interest  of  the  United  States,  and  to  the  as- 
serting of  our  national  rights  and  independence." 

The  President  referred  to  the  termination  of  the  war, 
which  the  Dey  of  Algiers  had  carried  on  against  the  United 
States,  in  which  the  interests  of  navigation  had  greatly 
suffered — to  the  Convention  on  the  subject  of  commerce, 
then  recently  concluded  with  Great  Britain — to  the  state  of 
the  Indian  tribes,  and  the  importance  of  maintaining  peace 
with  them,  and  of  rendering  them  strict  justice  in  all  our 
transactions.  He  also  recommended  due  encouragement 
for  domestic  manufactures ;  and  the  regulation  of  the  cur- 
rency of  the  United  States  by  legal  and  specific  acts  of 
Congress.  It  was  suggested  that  a  national  bank  might  be 
useful  for  this  purpose  ;*  or  that  State  banks  might  be  used 
for  the  same  object ;  and  that  for  an  immediate  support  of 
the  public  credit,  the  issue  of  treasury  notes  might  be  ne- 
cessary. The  President  also  expressed  himself  in  favor  of 
a  military  academy ;  and  of  a  national  seminary  of  learn- 
ing to  be  located  in  the  District  of  Columbia.  On  the  sub- 
ject of  domestic  manufactures,  he  observed,  that  in  adjust- 
ing the  duties  on  imports  to  the  object  of  revenue,  the  in- 
fluence of  the  tariff  on  manufactures  would  present  itself  for 
consideration.  "  However  wise  the  theory  may  be,  which 
leaves  to  the  sagacity  and  interest  of  individuals  the  appli- 
cation of  their  industry  and  resources,  there  are  in  this,  as 
in  other  cases,  exceptions  to  the  general  rule.  Besides,  the 
condition,  which  the  theory  implies,  of  a  reciprocal  adoption 
by  other  nations,  experience  teaches,  that  so  many  circum- 

*  During  the  session  a  national  bank  was  established,  as  mentioned  before. 


236  FEDERAL  GOVERNMENT.  [1815 

stances  may  occur  in  introducing  and  maturing  manufac- 
turing establishments,  especially  of  the  more  complicated 
kinds,  that  a  country  may  remain  long  without  them,  al- 
though sufficiently  advanced,  and  in  other  respects  even 
peculiarly  fitted  for  carrying  them  on  with  success.  Under 
circumstances,  giving  a  powerful  impulse  to  manufacturing 
industry,  it  has  made  among  us  a  progress,  and  exhibited 
an  efficiency,  which  justify  the  belief,  that  with  a  protec- 
tion not  more  than  is  due  to  the  enterprising  citizens  whose 
interests  are  now  at  stake,  it  will  become,  at  an  early  day, 
not  only  safe  against  occasional  competition  from  abroad, 
but  a  source  of  domestic  wealth,  and  even  of  external  com- 
merce. In  selecting  the  branches  more  especially  entitled 
to  the  public  patronage,  a  preference  is  obviously  claimed 
by  such  as  will  relieve  the  United  States  from  a  depen- 
dence on  foreign  supplies,  ever  subject  to  casual  failures, 
for  articles  necessary  for  public  defence,  or  connected  with 
the  primary  wants  of  individuals." 

The  suggestion  of  fostering  domestic  manufactures  by 
the  federal  government,  for  the  prosperity  of  the  country, 
was  evidently  dictated  by  patriotic  views,  as  well  as  a  cor- 
rect estimate  of  national  resources,  and  the  means  of  fu- 
ture national  wealth.  A  similar  opinion  was  given,  at  an 
early  period  of  the  federal  government,  by  the  Secretary  of 
the  Treasury,  (Hamilton,)  in  a  very  elaborate  and  able  re- 
port, made  according  to  the  directions  of  Congress.  He 
proposed,  that,  in  fixing  the  duties  on  goods  and  arti- 
cles imported  into  the  United  States,  for  the  purpose  of 
revenue,  a  regard  should  be  had,  as  far  as  judicious  and 
proper,  in  the  state  of  the  country,  to  the  extension  of  home 
manufactures  of  various  kinds,  as  being  favorable  to  inter- 
nal improvements,  to  real  independence,  and  to  general 
prosperity.  In  the  time  of  the  war  of  1S12 — 1815,  ex- 
periments were  made,  in  most  cases  from  necessity,  for  the 
manufacture  of  woollen  and  cotton  cloths ;  and  that  of 
hats,  shoes,  and  boots,  was  much  extended,  in  various 
parts  of  the  country.  The  former  being  new,  and  not  well 
understood,  was  pursued  with  little  profit ;  and  good  policy 
dictated  that  the  patronage  of  the  general  government 
should  be  given  to  all  proper  attempts  in  this  branch  of  in- 
dustry. In  revising  the  tariff  of  imposts,  in  1816,  reference 
was  had  to  this  great  national  concern,  and  twenty-five 
per  cent,  ad  valorem  was  then  fixed  as  a  duty  on  cotton 
and  woollen  goods  imported  from  foreign  nations ;  which 
was  higher  than  the  duty  on  most  other  imported  articles. 
And  yet  the  policy  of  protecting  these  goods,  so  as  to  pre- 


1816]  MADISON.  237 

vent  an  increase  of  foreign  manufacture,  seems  not  intend- 
ed by  government  to  be  permanent ;  for  after  three  years 
the  duty  was  to  be  lessened.  The  manufacture  of  cotton 
and  woollen  cloths  was  pursued  chiefly  in  the  north- 
eastern States,  and  a  reluctance  was  manifested,  by  mem- 
bers of  Congress  from  the  south,  for  imposing  the  protect- 
ing duties,  as  the  benefit  would  be  less  to  them  than  to  the 
people  in  the  northern  and  eastern  parts  of  the  Union.  But 
the  benefit  of  the  extensive  cotton  manufactures  in  the 
United  States  has  been  very  great,  by  lessening  the  price 
of  cotton  cloths,  and  by  affording  a  greater  market  for  the 
growers  of  cotton  in  the  southern  section  of  the  Union. 
The  great  demand  and  consumption  of  the  article  in  the 
manufacturing  districts  of  the  United  States,  serve  also  to 
keep  up  its  price  in  Europe. 

In  the  opinion  of  some  eminent  politicians,  the  message 
of  the  President  to  the  national  legislature,  already  referred 
to,  expressed  views  more  favorable  to  the  prosperity  of  the 
country,  than  his  policy  had  before  been ;  and  several  of 
his  political  friends  declared  themselves  in  favor  of  meas- 
ures, similar  to  those  adopted  in  the  early  period  of  the 
federal  government.  A  member  from  South  Carolina,  and 
an  ardent  supporter  of  the  administration,  (Mr.  Calhoun,) 
on  the  subject  of  reducing  the  national  taxes,  said,  "this 
was  a  question  of  momentous  consideration.  On  the  de- 
cision of  this  question  depends  the  question,  whether  a  lib- 
eral and  enlightened  policy  should  characterize  the  meas- 
ures of  the  government.  We  ought,  therefore,  to  proceed 
with  caution.  If  gentlemen  were  of  opinion  that  our  navy 
ought  not  to  be  gradually  improved;  that  preparation 
ought  not  to  be  made  during  peace,  for  preventing  or  meet- 
ing war  ;  that  internal  improvements  should  not  be  prose- 
cuted ;  if  such  were  their  sentiments,  they  were  right  in  a 
desire  to  abolish  taxes  :  but  if  they  thought  otherwise,  it 
was  preposterous  to  say  that  we  should  not  lay  taxes  on 
the  people.  We  ought  not  to  give  in  to  the  contracted 
idea,  that  taxes  were  so  much  money  taken  from  the  peo- 
ple :  properly  applied,  the  money  proceeding  from  taxes, 
was  money  put  out  to  the  best  possible  interest  for  the  peo- 
ple. He  wished  to  see  the  nation  free  from  external  danger 
and  internal  difficulty.  With  such  views,  he  could  not  see 
the  expediency  of  abolishing  the  system  of  finance,  estab- 
lished with  so  much  care  and  difficulty.  The  broad  question 
now  before  the  House  was,  whether  the  government  should 
act  on  an  enlarged  policy  ;  whether  it  would  avail  itself  of  the 
experience  of  the  last  war ;  whether  it  would  derive  wisdom 


238  FEDERAL  GOVERNMENT.  [1816 

from  the  mass  of  knowledge  already  acquired  from  past 
events,  or  whether  we  should  go  on  in  the  old  imbecile 
mode ;  contributing,  by  our  measures,  nothing  to  the  honor, 
or  reputation,  or  prosperity  of  the  country.  Such  would 
not  be  his  course.  He  thought  it  due  to  the  national  coun- 
cils— to  the  security  of  the  country — that  we  should  be 
well  prepared  against  assaults  from  abroad.  If  danger 
comes,  we  shall  then  be  ready  to  meet  it.  If  it  never 
comes,  we  shall  derive  consolation  from  a  knowledge  of 
our  security.  He  wished  gentlemen  might  have  an  op- 
portunity to  express  their  opinions  on  this  subject,  and  to 
decide  whether  we  were  to  travel  downward,  or  to  raise 
the  nation  to  that  elevation  to  which  we  ought  to  aspire." 

These  views  were  not  directly  impugned,  but  some  mem- 
bers did  not  give  to  them  their  sanction,  because  they  were 
desirous  of  relieving  their  constituents  from  the  burden  of 
taxes,  of  which  they  had  several  years  loudly  complained. 
Anda  few  were  not  liberal  enough  to  appropriate  the  public 
money,  except  in  cases  of  absolute  necessity.  Afterwards, 
and  at  different  periods,  it  became  a  question  of  great 
interest,  how  far  appropriations  could  justly  be  made  by 
the  federal  government  for  internal  improvements,  as  well 
as  how  far  the  doctrine  of  fostering  domestic  manufactures, 
which  almost  necessarily  operated  unequally  in  different 
sections  of  the  Union,  could  be  extended,  under  the  author- 
ity of  the  Constitution. 

The  conviction  appeared  general  of  the  benefits  to  be  de- 
rived to  the  nation  from  an  increase  of  the  manufacture  of 
■cotton  and  woollen  goods,  but  there  was  a  great  diversity 
of  opinion,  at  that  time  and  at  subsequent  periods,  in  ad- 
justing the  details  of  a  law  for  the  purpose  of  giving  the 
direct  encouragement  of  government  to  them.  A  high  duty 
on  imported  goods  would  necessarily  increase  their  price 
to  the  purchasers  in  the  United  States ;  who,  it  was  said, 
would  be  thus  taxed  for  the  benefit  of  the  manufacturers. 
And  the  latter  insisted  on  a  high  tariff  for  imported  goods 
as  requisite,  to  enable  them  to  compete  with  foreign 
manufacturers ;  especially  while  the  business  in  the  United 
States  was  in  its  infancy,  and  needed  the  aid  of  govern- 
ment, till  it  had  greater  maturity  and  more  ability. 

In  preparing  an  Act  to  give  effect  to  the  Convention  for 
regulating  commerce  with  England,  then  recently  formed 
and  ratified,  the  Representatives  and  the  Senate  differed  ma- 
terially in  their  views.  It  was  long  a  subject  of  interesting 
debate.  The  House  of  Representatives  was  compelled  at 
iast  to  yield  to  the  views  and  opinions  of  the  Senate  on  the 


1816]  MADISON.  239 

subject ;  and  adopted  the  bill  introduced  into  that  branch, 
and  withdrew  that  which  they  first  passed.  The  House  un- 
dertook to  amend  or  alter  the  terms  of  the  Convention  ;  or, 
at  least,  to  give  a  construction  to  it,  which  was  obviously 
not  intended  by  the  commissioners  who  signed  it,  and 
which  would  not  have  been  admitted  by  the  British  gov- 
ernment. The  treaty  provided  for  the  same  duties  on  ton- 
nage and  articles  carried  from  the  ports  of  the  United  States 
to  those  of  Great  Britain  ;  and  vice  versa.  The  bill  intro- 
duced into  the  House,  and  there  adopted  by  the  majority, 
made  a  distinction  in  cases  of  coming  from  ports  in  Eng- 
land, or  from  ports  in  the  British  islands  and  provinces ; 
and  insisted,  that  this  was  requisite  to  render  the  terms  of 
the  treaty  equal  in  their  operation  on  the  commerce  of  the 
two  countries,  and  for  establishing  a  real  reciprocity  of 
privileges  or  benefits.  A  large  minority  in  the  House  ob- 
jected to  this  as  incorrect ;  as  it  was  assuming  a  power,  in 
that  branch  of  the  government,  to  judge  of  the  advantages 
of  a  treaty,  which  was  the  exclusive  prerogative  of  the 
President  and  Senate.  The  advocates  for  the  bill  in  the 
House,  pretended  that  it  was  only  giving  a  construction  to 
the  terms  of  the  Convention.  But  this  was  not  a  valid 
argument ;  for  it  was  the  sole  province  of  the  Judiciary  to 
interpret  a  treaty  after  its  ratification  by  the  proper  consti- 
tutional authority.  A  similar  question  arose  in  1795,  in 
the  passage  of  a  law  of  Congress  for  making  the  necessary 
appropriations  to  carry  into  effect  the  treaty  made  with 
England,  in  1794.  The  Act  which  was  adopted  March 
1st,  1816,  relating  to  the  Convention  with  Great  Britain, 
of  July,  1815,  declared  "null  and  void  any  law  of  Con- 
gress which  imposed  a  higher  duty  of  tonnage  or  of  im- 
post, on  vessels,  and  articles  imported  in  vessels  of  Great 
Britain,  than  on  vessels,  and  articles  imported  in  vessels 
of  the  United  States,  contrary  to  the  provisions  of  the  Con- 
vention between  the  United  States  and  his  Britannic 
Majesty ;  the  ratifications  of  which  were  mutually  ex- 
changed in  December,  1815." 

In  1816,  a  dispute  again  arose  with  Spain,  respecting  the 
right  to  West  Florida.  The  Spanish  minister  was  in- 
structed to  remonstrate  against  the  occupancy  and  claims  of 
that  territory  by  the  government  of  the  United  States.  The 
latter  claimed  it  as  a  part  of  Louisiana ;  and  five  years 
before  had  taken  possession  of  some  parts  of  it,  but  with- 
drew its  troops  on  the  united  remonstrance  of  Spain  and 
France.  The  American  government  never  gave  up  its 
claim,  and  had  again  occupied  a  portion  of  the  territory  by 


240  FEDERAL  GOVERNMENT.  [1816 

an  armed  force.  This  occupancy  the  Spanish  minister 
now  insisted  should  be  no  longer  held,  until  negotiations 
could  be  had,  and  the  question  fairly  settled,  as  to  the  jus- 
tice of  the  claim.  The  Envoy  of  his  Catholic  Majesty,  at 
the  same  time,  urged  upon  the  government  of  the  United 
States,  the  propriety  and  justice  of  preventing  the  military 
expeditions  fitting  out  within  its  jurisdiction,  and  on  the 
Mississippi,  against  Mexico ;  whichwas  then  in  a  state  of  re- 
volt or  rebellion, — as  the  Envoy  characterized  it, — against 
the  king  of  Spain.  And  he  also  demanded,  that  no  inter- 
course should  be  allowed  between  the  United  States  and 
the  revolted  province. 

In  replying  to  this  statement  and  demand  of  the  Spanish 
minister,  the  American  Secretary  of  State  referred  to  sev- 
eral instances  of  alleged  injury,  on  the  part  of  Spain,  to  the 
United  States,  and  to  a  delay  of  indemnification  for  former 
depredations  on  American  commerce,  which  had  been  pro- 
mised to  be  made.  He  did  not  directly  impugn  the  claim 
of  the  Spanish  monarch  to  Florida ;  but  undertook  to  show 
that  as  it  was  now  separated  from  his  Mexican  territory,  it 
was  of  little  advantage  to  that  nation;  and  that  an  ex- 
change of  it  might  be  made  with  the  United  States,  for  a 
tract  on  the  west  of  the  Mississippi,  belonging  to  the  latter, 
since  the  purchase  of  Louisiana,  and  bordering  on  Texas, 
then  considered  a  part  of  Mexico.  The  Secretary  did 
however,  state  that  a  part  of  West  Florida  was  supposed 
to  be  within  the  territory  ceded  to  the  United  States,  by 
the  general  name  of  Louisiana ;  such  being  the  extent  of 
the  country  in  1763,  when  it  was  relinquished  by  France  : 
and  that  negotiations  might  proceed,  as  well  while  it  was 
possessed  by  the  United  States,  as  by  Spain.  He  denied 
that  any  armed  force  was  forming  within  the  United  States 
against  Mexico,  with  the  knowledge  of  the  government ; 
and  said  that  if  any  should  appear  it  would  be  discoun- 
tenanced and  prevented.  That  vessels  might  be  admitted 
into  the  ports  of  the  United  States,  for  purposes  of  trade, 
coming  from  places  in  Mexico,  pretended  by  the  Spanish 
Envoy  to  be  in  a  state  of  revolt  from  the  authority  of  the 
parent  government  in  Europe,  he  did  not  deny ;  and  added, 
that  it  was  not  the  policy  of  the  federal  government  to  in- 
terfere in  the  disputes  between  the  parent  country  and  their 
American  provinces ;  nor  to  exclude  the  flag  of  any  neutral 
nation,  engaged  in  commercial  enterprise. 

This  correspondence  led  to  no  immediate  important  re- 
sult. The  Spanish  minister  still  complained  of  the  conduct 
of  the  American  government ;  and  his  chief  object  appeared 


1816]  MADISON.  241 

to  he  a  delay,  or  evasion  of  the  real  subjects  in  controversy. 
It  also  appeared  that  he  had  not  full  powers  to  decide  the 
questions  which  had  long  been  in  dispute  between  the  two 
governments.  The  subject  was  discussed  again,  and  more 
fully,  some  two  years  afterwards — when  Mr.  Monroe  was 
President ;  and  the  negotiation  was  ably  conducted  by  Mr. 
Adams,  Secretary  of  State.  Soon  after,  Spain  ceded  the 
provinces  of  East  and  West  Florida  to  the  United  States : 
And  the  federal  government  became  obliged  and  respon- 
sible to  its  own  citizens,  who  had  claims  on  the  Spanish 
king  for  various  commercial  depredations ;  to  the  amount 
of  five  millions  of  dollars ;  which  might  be  considered,  in 
some  sense,  as  the  purchase  money  for  the  territory. 

The  negotiations  with  Spain  in  1816  and  in  1818,  had 
reference  also  to  the  western  bounds  of  Louisiana.  The 
American  administration  first  claimed  as  far  as  the  Red 
river ;  but  the  Spanish  Envoy  was  instructed  not  to  con- 
sent that  Louisiana  should  extend  farther  west  than  the 
river  Sabine.  And  it  was  accordingly  so  finally  settled. 
It  was  also  agreed,  at  the  same  time,  that  the  United  States 
should  extend  from  a  point  in  latitude  42°  north,  to  the  Co- 
lumbia river,  and  to  the  Pacific  ocean,  so  far  as  Spain  was 
concerned.  It  was  intended  by  Spain  to  limit  the  western 
part  of  the  United  States  by  the  Rocky  mountains ;  but 
the  federal  administration  urged  the  extension  to  the  Pa- 
cific ;  and  it  was  so  stipulated. 

The  financial  and  monetary  concerns  of  the  United 
States  received  the  particular  attention  of  Congress  at  this 
session.  Besides  the  establishment  of  a  national  bank, 
which  was  a  very  important  measure,  in  relation  to  the 
finances  and  the  currenc5r  of  the  nation, — the  bank,  now 
incorporated,  being  far  more  secure  and  perfect  than  the 
bill  of  1815  had  proposed, — an  act  was  passed  for  regulating 
and  fixing  the  value  of  foreign  coin,  especially  those  of 
Great  Britain,  France,  Spain,  and  Portugal,  which  were 
chiefly  then  circulating  in  the  United  States.  These  coins 
were  also  made  a  tender,  at  certain  rates,  as  specified  in 
the  law.  Propositions  were  also  made  in  Congress,  at  this 
time,  for  regulating  State  banks,  in  some  respects :  and  a 
prohibition  to  receivers  of  public  federal  duties  and  taxes, 
to  take  the  bills  of  banks  which  did  not  redeem  them  in 
specie.  Indeed,  the  question  arose,  whether  the  cur- 
rency of  the  country,  including  the  bills  of  State  banks, 
was  not  subject  to  the  regulation  and  control  of  Congress, 
according  to  the  intent  of  the  Constitution.  The  literal 
and  obvious  meaning  of  that  national  compact,  it  was 
31 


242  FEDERAL  GOVERNMENT.  [1816 

contended,  gave  the  whole  direction  of  the  currency,  and 
bills  of  credit,  to  the  federal  government.     But  State  banks 
were  then  numerous  ;  some  had  been  in  operation  twenty 
years ;  their  convenience  had  been  fully  proved  ;  and  to 
put  them  all  down,  or  to  restrain  them  materially,  would 
probably  cause  great  embarrassment  and  suffering.     Yet  it 
was  generally  admitted  that  Congress  had   a  right  so  far 
to  interfere,  as  to  decide  whether  the  national  taxes  should 
be  received  in  the  bills  of  State  banks,  or  in  any  other  me- 
dium  than  specie,  or  its  own  notes,  issued  by  its  orders 
from  the  national  treasury.     The  establishment  of  a  na- 
tional bank,  with  branches  in  all  the  large  and  populous 
States  of  the  Union,  was  found  to  answer  the  purposes  of 
a  general  circulating  medium,  and  the  State  banks  were 
left  without  any  regulation  by  Congress,  except  so  far  as 
to  forbid  public  officers  receiving  the  bills  of  such  banks  as 
did  not  pay  specie.     On  this  subject  a  resolve  of  Congress 
was  adopted,  directing  "the  Secretary  of  the  Treasury  to 
receive  for  debts  and  taxes,  due  the  federal  government, 
only  gold  and  silver,  treasury  notes,  bills  of  the  bank  of 
the  United  States,  and  of  banks  which  paid  their  notes  on 
demand,  and  in  specie."     The  Secretary  gave  public  no- 
tice of  this  resolution,  and  he  also  urged  on  all  banking 
companies  to  redeem  their  small  notes  by  specie,  as  an  ac- 
commodation to  individuals,  as  well  as  for  their  own  credit. 
The  Secretary  was  also  directed  not  to  make  deposites  of 
the  public  funds  in  State  banks,  which  did  not  redeem  their 
notes  in  specie,  after  February,  1817.*  There  was  a  strong 
disposition  manifested  by  Congress,  at  this  period,  for  in- 
creasing the  amount  of  specie,  as  a  circulating  medium; 
and  yet  not  to  require  it  as  the  only  one.     It  was  perceived 
that  it  would  not  be  practicable,  nor  for  the  public  con- 
venience, indeed,  to  exclude  paper  from  circulation,  and  to 
insist  on  all  payments  in  gold  and  silver. 

The  leading  policy  and  views  of  Congress,  as  well  as  of 
the  President,  were  developed  in  his  address  to  the  federal 
legislature,  in  December,  1816 ;  the  last  he  presented,  con- 
taining his  opinion  of  public  national  measures,  as  he  retired 
from  office  at  the  close  of  the  session.  The  political  views 
of  the  President  were  generally,  though  not  always,   ap- 


*The  banks  in  Massachusetts,  and  in  most  of  the  New  England  States,  paid 
their  bills  in  specie  at  that  time  ;  but  those  in  the  Middle  and  Southern  States 
did  not.  In  August,  1816,  a  Committee  of  Banks,  in  the  Middle  States,  met 
in  Philadelphia,  and  recommended  that  specie  payments  be  postponed  till 
July,  1817. 


1816]  MADISON.  243 

proved  and  sanctioned  by  the  majority  of  Congress.  The 
policy  he  recommended,  after  the  war,  was  in  some  respects 
different  from  that  he  had  previously  urged.  Domestic 
manufactures  were  referred  to,  as  meriting  the  patronage 
and  aid  of  government,  and  the  regulation  of  the  tariff  on 
imported  articles,  so  as  to  have  a  favorable  effect  in  securing 
that  object.  The  necessity  of  public  credit  was  prom- 
inently noticed  ;  and  a  recommendation  to  provide  for  the 
payment  of  debts  due  the  government,  either  in  specie,  or 
in  notes  of  Banks  which  promptly  redeemed  their  paper  in 
gold  and  silver.  "  There  is  only  wanted  to  the  fiscal  pros- 
perity of  the  government,  (he  said,)  the  restoration  of  an 
uniform  medium  of  exchange.  The  local  accumulations  of 
the  revenue  have  enabled  the  treasury  to  meet  the  public 
engagements  in  the  local  currency  of  most  of  the  States. — 
But,  for  the  interests  of  the  whole  community,  as  well  as 
for  the  purposes  of  the  treasury,  it  is  essential  that  the  na- 
tion should  possess  a  currency  of  equal  value,  credit  and 
use,  wherever  it  may  circulate.  The  Constitution  has  en- 
trusted Congress,  exclusively,  with  the  poiver  of  creating  and 
regulating  a  currency  of  that  description  ;  and  the  measures 
which  were  taken  at  the  last  session,  in  execution  of  this 
poiver,  give  every  promise  of  success.  The  Bank  of  the 
United  States  has  been  organized  under  the  most  favorable 
auspices,  and  cannot  fail  to  be  an  important  auxiliary  to 
those  measures."* 

The  President  referred,  in  this  message,  to  the  depressed 
state  of  the  navigation  of  the  United  States ;  arising  from 
some  of  the  stipulations  and  articles  in  the  commercial  con- 
vention, then  recently  formed  between  the  American  and 
British  governments,  and  particularly  to  the  trade  with  the 
colonial  ports  of  Great  Britain.  The  convention  expressly 
regulated  the  trade,  between  the  ports  of  the  United  States 
and  those  of  Great  Britain,  in  Europe ;  and  it  was  consid- 
ered on  fair  and  reciprocal  principles ;  but  it  had  omitted 
to  include  or  adopt  any  article  relating  to  the  trade  between 
the  United  States  and  British  colonial  ports  :  So  that  the 
commercial  intercourse  between  these  was  subject  to  the 
regulations  of  the  British  government,  and  was  in  fact  mor 
nopolized  by  British  merchants,  to  the  indirect  injury  of  the 
United  States.     This  defect  was  early  perceived,  and  an 

*  The  leading  members  in  Congress,  who  had  been  in  the  opposition  during 
the  war,  and  for  some  years  before,  having  disapproved  of  embargoes,  non- 
importations, and  non-intercourse,  fully  approved  and  supported  the  measure  of 
a  national  bank,  and  of  providing  for  receiving  the  public  dues  in  specie,  or 
the  bills  of  banks  which  paid  specie. 


244  FEDERAL  GOVERNMENT.  [1816 

attempt  was  made,  in  the  House  of  Representatives,  to 
remedy  the  evil,  by  having  an  alteration  in  the  convention, 
so  as  to  open  the  British  colonial  ports  to  vessels  of  the 
United  States,  as  has  been  before  stated — but  it  was  deemed 
improper  for  the  House  of  Representatives  to  interfere  with 
the  articles  of  the  convention,  as  it  had  been  confirmed  by 
the  President  and  Senate.  It  was  also  proposed  in  the 
House,  early  in  the  present  year,  (1816.)  to  remedy  the  evil, 
by  laying  higher  duties  on  the  tonnage  of  vessels  and  im- 
ports from  the  British  colonial  ports,  than  on  those  coming 
direct  from  British  ports  in  Europe.  But  the  proposition 
did  not  then  meet  the  approbation  of  Congress.  Efforts, 
however,  were  soon  after  made  by  the  American  adminis- 
tration, to  negotiate  on  the  subject;  but  the  British  govern- 
ment declined  all  discussion  respecting  it ;  yet  evidently 
admitting,  that  discriminating  or  countervailing  measures, 
adopted  by  the  American  government,  would  not  necessarily 
be  construed  as  indicating  any  hostile  spirit  towards  that 
nation.  Early  in  the  session  of  December,  1816,  Congress 
passed  an  act  imposing  additional  duties  on  British  vessels 
and  imports  from  the  colonial  ports,  from  which  American 
vessels  were  excluded  by  the  convention  ;  but  not  affecting 
at  all  the  regulations  of  the  commercial  intercourse  with  the 
ports  in  Great  Britain,  as  contained  in  the  treaty. 

The  message  gave  Congress  information  of  an  attack 
recently  made  in  the  Gulf  of  Mexico,  on  a  public  armed 
vessel  of  the  United  States,  sanctioned,  as  was  then  believed, 
by  the  Spanish  government ;  and  that  a  frigate  and  a  smaller 
vessel  of  war  had  been  ordered  to  proceed  to  the  Gulf,  for 
the  protection  of  the  vessels  and  commerce  of  the  United 
States.  But  assurances  had  been  given  by  the  Spanish 
minister,  that  no  orders  of  his  government  had  been  issued, 
authorizing  such  attack,  nor  any  other  act  of  a  hostile  char- 
acter. It  was  also  stated  in  this  public  address  of  the  Pres- 
ident to  Congress,  that  friendly  relations  were  maintained 
with  the  Indian  tribes  within  the  territory  of  the  United 
States ;  and  that  continued  efforts  would  be  made  to  preserve 
this  pacific  course  of  policy  towards  them.  A  new  organ- 
ization of  the  militia  was  recommended,  in  order  to  render 
that  great  arm  of  national  defence  more  efficient,  and  as 
being  within  the  constitutional  right  and  duty  of  the  federal 
government.  The  establishment  of  a  national  university, 
by  Congress,  in  the  District  of  Columbia,  was  again  recom- 
mended.*   And  a  suggestion  made  of  the  importance  of  an 

^  *  This  subject  wag  committed  and  a  report  made  in  favor  of  such  an  institu- 
tion; but  did  not  receive  the  sanction  of  the  majority  of  Congress. 


1816]  MADISON  245 

adequate  provision  for  the  uniformity  of  weights  and  meas- 
ures ;  which  the  Constitution  had  placed  in  the  hands  of 
the  national  government.  Subsequently  Congress  passed 
a  law  for  this  purpose ;  and  an  elaborate  report  was 
made  on  the  subject  by  the  Secretary  of  State,  (Mr.  Adams.) 

The  national  debt  was  large,  at  this  time ;  but  the  Pres- 
ident gave  notice  of  the  prosperous  condition  of  the  finances 
of  the" government :  by  which  it  appeared,  that  the  public 
expenses  would  be  fully  provided  for,  with  a  surplus  of 
nearly  ten  millions  for  reducing  the  debt  which  had  accrued 
during  the  war. 

The  acts  of  Congress  passed  at  this  session,  will  show 
how  far  the  recommendations  of  the  President  were  ap- 
proved and  adopted  by  the  legislative  branch  of  the  govern- 
ment. A  law  was  enacted,  authorizing  the  Secretary  of  the 
navy,  under  direction  of  the  President,  to  cause  a  survey  of 
the  public  lands  which  produced  live  oak  and  red  cedar, — 
with  a  view  to  their  reservation,  for  increasing  the  navy  at 
any  future  period.  On  the  subject  of  navigation,  it  enacted, 
that  no  goods  or  merchandise  should  be  imported  into  the 
United  States  from  a  foreign  port,  except  in  vessels  of  the 
United  States,  or  in  such  foreign  vessels  as  truly  belonged  to 
the  subjects  of  the  country,  of  which  the  goods  were  the 
product  or  manufacture  :  That  fifty  cents  per  ton  be  im- 
posed on  vessels  of  the  United  States  arriving  from  a  foreign 
port,  unless  the  officers  and  two  thirds  of  the  crew  were 
citizens  of  the  United  States;  and  a  similar  regulation  was 
to  apply  to  fishing  vessels  :  That  a  duty  of  fifty  cents  a 
ton,  be  laid  on  American  vessels  entering  in  a  district  in  one 
State  from  a  district  in  another  State,  except  the  States  were 
adjoining  each  other;  with  a  provision  in  favor  of  such 
vessels  as  had  three-fourths  of  their  crews  citizens  of  the 
United  States  :  That  a  territory  constituted  by  Congress, 
and  having  a  temporary  government  by  virtue  of  a  previous 
law  of  the  United  States,  should  have  the  privilege  of  elect- 
ing a  delegate  to  Congress,  who  should  have  a  right  to  take 
part  in  debate  in  the  House  of  Representatives,  but  not  to 
vote.  An  act  was  also  passed,  requiring  prompt  settlement 
of  all  public  accounts,  and  providing  for  the  appointment  of 
five  Auditors,  and  pointing  out  their  separate  and  particular 
duties.  At  this  session,  a  law  was  also  enacted,  for  the 
purpose  of  preserving  the  neutral  relations  of  the  United 
States ;  which  forbid,  under  severe  penalties,  American 
citizens  engaging  in  any  hostilities  against  the  subjects  or 
people  of  a  government  at  peace  with  the  United  States. 
A  marine  corps  was  provided  for,  on  the  peace  establish- 


246  FEDERAL  GOVERNMENT.  [1816 

ment,  to  consist  of  eight  hundred,  including  officers ; 
which  were  to  be,  one  Lieutenant  Colonel,  nine  Captains, 
twenty-four  First  Lieutenants,  sixteen  Second  Lieutenants, 
one  Adjutant,  one  Paymaster,  and  one  Quarter-master. 

On  the  first  of  March,  a  bill  was  passed  by  both  Houses 
of  Congress,  for  appropriating  the  bonus,  which  the  govern- 
ment was  to  receive  of  the  United  States  Bank,  to  purposes 
of  internal  improvements ;  but  was  rejected  by  the  Presi- 
dent. The  bill  was  supported  by  some  leading  members 
of  Congress  at  that  time,  who  afterwards  doubted  the  con- 
stitutional right  to  make  such  appropriations.  This  sub- 
ject was  frequently  discussed  in  Congress  afterwards ;  a 
portion  favoring  the  system  with  a  view  to  national  pros- 
perity ;  and  others  opposing  it,  from  constitutional  scruples, 
except  in  cases  of  great  and  obvious  general  benefit,  and  to 
the  execution  of  which  no  single  State  was  disposed,  or 
fully  competent.  One  great  objection  was,  the  difficulty 
of  deciding  on  the  extent  of  such  appropriations,  after  the 
precedent  was  once  established. 


[The  following  was  intended  as  a  part  of  the  note  at  page  227.] 

Mr.  Marshall,  in  the  Virginia  Convention  for  adopting  the  federal  Constitu- 
tion, asked,  "  if  gentlemen  were  serious,  when  they  asserted,  that  if  the  State 
governments  had  power  to  interfere  with  the  militia,  it  was  by  implication 
merely."  He  thought  "  that  the  least  attention  would  show  they  were  mistaken. 
The  State  governments  did  not  derive  their  powers  from  the  general  govern- 
ment. But  each  government  derived  its  power  from  the  people:  and  each 
was  to  act  according  to  the  powers  given  it."  He  asked  "  if  powers  not  given 
•were  restrained  only  by  implication.  Could  any  one  deny,  that  this  power 
was  retained,  since  they  had  not  given  it  away.  Does  not  a  power  remain 
until  it  is  given  away  ?  The  State  legislatures  always  had  power  to  govern 
and  command  their  militia;  and  have  instill,  undoubtedly,  unless  in  cases  ex- 
pressly given  by  the  Constitution  to  the  federal  government." 

In  1812,  Mr.  Poindexter  said,  "  he  thought  that  we  could  not  constitution- 
ally employ  the  militia  without  the  territory  of  the  United  States;  and  that  no 
act  of  Congress  could  confer  such  a  power  on  the  President," 

Mr.  Grundy  said,  "  if  the  Constitution  forbids  the  President  sending  the 
militia  out  of  the  United  States,  how  can  Congress  authorize  him  to  do  it  by 
law  ?  But  it  is  said,  a  volunteer  militia-man  may  authorize  the  President  to 
send  him  out  of  the  United  States.  When  the  power  of  making  war  and  rais- 
ing an  army  was  given  to  Congress,  the  militia  were  retained  by  the  States, 
except  in  the  particular  cases  mentioned.  How,  then,  can  you  permit  the 
militia  to  engage  in  the  service  of  the  United  States,  contrary  to  the  provisions 
of  the  Constitution;  and  by  that  means  leave  a  State  unprotected?"  The 
very  case,  in  which  the  executive  of  Massachusetts  was  severely  censured  for 
his  conduct  in  1812. 

Mr.  Nicholas,  of  Virginia,  said,  "  Congress  cannot  call  out  the  militia  for 
any  other  purpose  than  to  execute  the  laws,  suppress  insurrection,  and  to  repel 
invasion."  Mr.  Cheeves,  of  South  Carolina,  and  Mr.  Clay,  of  Kentucky, 
were  in  favor  of  giving  the  President  entire  control  of  the  militia,  whenever  he 
should  consider  it  necessary  for  the  public  safety  and  benefit. 


1817]  MONROE.  247 


CHAPTER  X. 

James  Monroe,  elected  President.  His  Policy  and  Measures  similar  to  Mr. 
Madison.  A  practical  Statesman.  Attentive  to  the  Public  Finances.  Fa- 
vors Economy  in  Public  Expenses;  and  urges  the  strict  accountability  of 
the  Officers  and  Agents  of  Government.  Encouragement  to  Domestic 
Manufactures.  Internal  Improvements.  Objections  to  Appropriations  for 
them.  Pension  Law.  Great  number  of  Pensioners.  Negotiations  with 
England  on  Commerce.  Disputes  with  Spain.  Florida  Controversy.  Modi- 
fication of  Pension  Law. 

James  Monroe,  of  Virginia,  entered  on  the  duties  of  Presi- 
dent, March,  1817 ;  having  been  elected  in  the  manner 
provided  by  the  Constitution ;  and  generally  pursued  the 
policy  adopted  by  his  predecessor,  in  the  last  year  of  his 
administration,  and  the  year  after  the  war.  He  was  favor- 
able to  the  support  and  increase  of  the  navy,  and  recom- 
mended fortifications  on  the  seacoast  and  other  measures 
of  national  defence.  The  Secretary  of  War,  (Mr.  Calhoun,) 
was  also  decidedly  in  favor  of  these  measures.  Mr.  Monroe 
had  less  scruples  on  the  subject  of  expenditures  for  internal 
improvements,  than  his  predecessor,  who  doubted  that 
the  Constitution  had  given  such  power  to  the  federal  gov- 
ernment. 

The  address  made  by  Mr.  Monroe,  at  his  inauguration 
as  President,  March,  1817,  and  his  first  message  to  Con- 
gress, December  following,  disclose  in  some  measure  the 
views  which  would  guide  him  in  administering  the  federal 
government,  as  well  as  his  theory  of  the  Union  and  of  the 
separate  States.  "  Under  the  federal  Constitution,  the 
States  respectively  are  protected  against  foreign  dangers, 
while  they  enjoy,  by  a  wise  partition  of  power,  a  just  pro- 
portion of  sovereignty,  and  are  improving  their  police,  ex- 
tending their  settlements,  and  constantly  gaining  strength 
and  maturity." 

He  spoke  of  the  importance  of  the  Utiion,  and  of  the  inter- 
est of  the  people  in  every  section  to  preserve  it.  "  The  great 
agricultural  interests  of  the  nation  prosper  under  its  pro- 
tection ;  and  local  interests,  are  also  fostered  by  it.  Our 
fellow-citizens  of  the  north,  engaged  in  navigation,  find 
great  encouragement  in  being  the  carriers  of  the  produc- 


248  FEDERAL  GOVERNMENT.  [1817 

tions  of  other  parts  of  the  United  States ;  while  the  inhabi- 
tants of  these  are  amply  recompensed,  by  the  nursery  for 
seamen  and  naval  force,  thus  formed  and  reared  up,  for  the 
support  of  our  common  rights. — Our  manufactures  find 
encouragement  by  the  policy  which  patronizes  domestic 
industry :  and  the  surplus  of  our  produce,  a  steady  and 
profitable  market  by  local  wants,  in  less  favored  parts,  at 
home." 

On  the  origin  and  nature  of  the  federal  government,  he 
says,  u  the  defects  of  the  first  instrument  of  our  Union — 
the  confederation — -have  been  remedied,  by  infusing  into 
the  national  government  sufficient  power  for  national  pur- 
poses, without  impairing  the  just  rights  of  the  States,  or 
affecting  those  of  individuals. — Had  the  people  of  the 
United  States  been  educated  in  different  principles  ;  had 
they  been  less  intelligent,  less  independent,  or  less  virtuous, 
can  it  be  supposed  that  we  should  have  maintained  the 
same  steady  and  consistent  career ;  or  been  blessed  with 
the  same  success  1  While  then  the  constituent  body  re- 
tains its  present  sound  and  healthful  state,  every  thing 
will  be  safe.  The  people  will  choose  competent  and  faith- 
ful representatives  for  every  department.  It  is  only  when 
the  people  are  ignorant  and  corrupt ;  when  they  degen- 
erate into  a  populace  ;*  that  they  are  incapable  of  exercising 
the  sovereignty.  Usurpation  is  then  an  easy  attainment, 
and  an  usurper  soon  found.  The  people  themselves  be- 
come the  willing  instruments  of  their  own  debasement  and 
ruin." 

He  spoke  in  favor  of  measures  for  protection  and  defence 
against  foreign  powers — "  many  of  our  citizens  are  engaged 
in  navigation,  in  commerce,  and  the  fisheries.  These  in- 
terests, as  we  have  seen,  are  exposed  to  invasion  in  wars 
between  other  nations;  and  we  should  disregard  the  faith- 
ful admonitions  of  experience,  if  we  did  not  expect  it,  and 
guard  against  it.  We  must  support  our  rights,  or  lose  our 
character ;  and  with  it,  probably,  our  liberties.  A  people 
who  fail  to  do  this,  can  scarcely  be  said  to  hold  a  place 
among  independent  nations." 

The  attention  of  the  general  government  to  manufac- 
tures was  strongly  recommended;  and  the  opinion  ex- 
pressed that  a  systematic  and  fostering  care  should  be  af- 
forded to  them.     "  Possessing,  as  we  do,  all  the  raw  mate- 

*  The  mere  populace,  or  rather  the  mob  or  the  rabble,  must  here  be  in- 
tended. In  a  republic  the  populace  are  the  people,  and  therefore  the  source 
of  power.  To  prevent  their  being  deceived  and  corrupted,  must  be  the  desire 
of  every  true  patriot. 


1817]  MONROE.  249 

rials,  the  fruit  of  our  own  soil  and  industry,"  the  President 
said,  "that  we  ought  not  to  depend,  in  the  degree  we  have 
heretofore  done,  on  supplies  from  other  countries.  While 
we  are  thus  dependent,  the  sudden  event  of  war,  unsought 
and  unexpected,  cannot  fail  to  plunge  us  into  the  most  se- 
rious difficulties.  It  is  important  too,  that  the  capital, 
which  nourishes  our  manufactures  should  be  domestic ;  as 
its  influence,  in  that  case,  instead  of  exhausting,  as  it  may 
do  in  foreign  hands,  would  be  felt  advantageously  on  agri- 
culture, and  every  other  branch  of  industry.  Equally  im- 
portant is  it,  to  provide  at  home  a  market  for  our  raw  ma- 
terials ;  as,  by  extending  the  competition,  it  will  enhance 
the  price,  and  protect  the  cultivator  against  the  casualties 
incident  to  foreign  markets."  A  committee  was  raised  in 
the  House  of  Representatives  to  consider  the  expediency  of 
providing  by  law  for  clothing  the  army  in  domestic  manu- 
factured goods ;  but  although  the  members  who  expressed 
an  opinion  on  the  subject  were  in  favor  of  the  measure, 
no  act  was  passed  for  the  purpose,  at  that  session  of  Con- 
gress. 

Of  the  powers  and  duties  of  the  executive  relating  to  the 
public  revenue  and  finances,  the  President  gave  his  views 
very  plainly,  and  very  wisely ;  and  it  is  only  by  conform- 
ing to  the  course  he  indicated,  that  the  people's  money 
can  be  safely  kept  or  collected.  "  The  executive  is  charged 
with  the  disbursement  of  the  public  money,  and  is  respon- 
sible for  the  faithful  application  of  it  to  the  purposes  for 
which  it  is  raised.  The  legislature  is  the  watchful  guar- 
dian over  the  public  purse.  It  is  its  duty  to  see  that  the  dis- 
bursements have  been  honestly  made.  To  meet  the  requi- 
site responsibility,  every  facility  should  be  afforded  to  the 
executive,  to  enable  it  to  bring  the  public  agents,  entrusted 
with  the  public  money,  strictly  and  promptly  to  account.  If 
the  public  money  is  suffered  to  lie  long  and  uselessly  in  their 
hands,  they  will  not  be  the  only  defaulters ;  nor  will  the 
demoralizing  effect  be  confined  to  them.  It  will  evince  a 
relaxation,  and  a  want  of  tone  in  the  administration,  which 
will  be  felt  by  the  whole  community.  A  thorough  exami- 
nation should  be  made  ;  and  I  will  readily  promote  it." 

The  President  also  expressed  a  hope,  that  harmony  in 
political  opinions  would  more  prevail  among  the  people  in 
future,  and  observed,  he  was  happy  to  perceive  indications 
of  such  a  desirable  event.  Its  future  benign  results  were 
well  portrayed;  and  an  assurance  given  of  exertions,  on 
his  part,  to  increase  and  extend  it.  No  part  of  his  official 
conduct  contradicted  the  magnanimous  spirit,  which  he  dis- 
32 


250  FEDERAL  GOVERNMENT.  [1817 

covered ;  and  yet  his  selections  for  public  office  were  con- 
fined, in  a  great  measure,  to  those  of  his  peculiar  political 
views.  The  President  made  a  journey  through  the  mid- 
dle and  eastern  States,  in  the  summer  after  his  election,  as 
Chief  Magistrate  of  the  United  States;  and  though  the 
majority  in  most  of  these  States  had  opposed  some  of  the 
leading  measures  of  the  administration  of  his  predecessors, 
of  which  he  had  himself  been  a  member,  they  united,  as  one 
man,  in  demonstrations  of  respect  and  courtesy  towards 
this  highest  functionary  of  the  federal  government. 

The  visit  and  intercourse  were  favorable  to  the  harmony 
he  had  recommended ;  and  no  one  was  more  ready  to  co- 
operate with  him  in  promoting  this  desirable  object,  in  an 
honorable  manner,  than  Governor  Brooks,  then  Chief  Ma- 
gistrate of  the  ancient  Commonwealth  of  Massachusetts. 

As  the  message  of  the  President  to  Congress,  at  the  open- 
ing of  the  session,  December,  1817,  was  more  of  a  business 
paper  than  his  inaugural  address ;  relating  to  the  existing 
state  of  the  country,  and  to  the  particular  measures  which 
he  deemed  proper  for  legislative  consideration,  a  reference 
to  its  contents  will  exhibit  the  policy  of  the  administration,* 
and  present  a  view  of  public  events  of  recent  occurrence, 
at  that  period. 

"  The  revenue  was  greatly  augmented  by  an  extensive 
and  profitable  commerce. — Public  credit  had  attained  an 
extraordinary  elevation. — Preparations  for  defence,  in  case 
of  futu^  wars,  were  advancing  under  a  well-directed  sys- 
tem, with  all  reasonable  dispatch. — Local  jealousies  were 
yielding  to  more  generous  and  enlightened  views  of  na- 
tional policy." 

A  proposition  had  been  made  by  the  administration  to 
the  British  government,  for  extending  the  principle  of  the 
Convention  made  in  1815,  (by  which  the  commerce  be- 
tween the  ports  of  the  United  States  and  British  ports  in 
Europe  had  been  put  on  a  footing  of  equality,)  to  the  colonies 
of  Great  Britain  :  but  was  declined  by  that  government : 
and  it  was  suggested  to  Congress  to  adopt  regulations,  for 
the  protection  and  improvement  of  the  navigation  of  the 
United  States,  in  consequence  of  the  refusal  by  the  British 
to  open  their  ports  in  their  colonies,  on  similar  terms  as  had 
been  agreed,  as  to  their  ports  in  Europe.  By  an  act  of 
Congress  on  the  subject  of  navigation,  passed  at  the  same 

*  The  members  of  Mr.  Monroe's  cabinet  were  among  the  most  able  poli- 
tical characters.  J.  Q,.  Adams  was  Secretary  of  State,  Wm.  H.  Crawford, 
Secretary  of  the  Treasury;  and  John  C.  Calhoun,  Secretary  of  War. 


1818]  MONROE.  251 

session,  the  ports  of  the  United  States  were  to  be  closed, 
after  September,  1818,  against  British  vessels  coming  from 
any  port  in  the  colonies  of  Great  Britain,  which  were 
closed  against  vessels  belonging  to  citizens  of  the  United 
States  ;  and  if  they  should  enter,  or  attempt  to  enter  Amer- 
ican ports,  the  vessel,  cargo,  and  furniture,  were  declared 
forfeited  to  the  United  States.  The  advocates  of  this  act 
considered  it  not  as  a  hostile  measure  towards  Great 
Britain  ;  but  a  necessary  regulation  for  the  due  protection 
of  American  navigation. 

The  difficulties  with  Spain,  on  account  of  Florida,  which 
had  given  the  administration  much  anxiety  for  several 
years,  still  continuing,  the  subject  was  noticed  at  large,  in 
the  President's  message,  at  this  time ;  and  it  was  recom- 
mended to  Congress  to  settle  the  dispute,  if  it  could  be  def- 
initely done,  by  a  purchase  of  the  whole  territory.  Mexico, 
at  this  period,  was  in  a  state  of  commotion  and  revolt,  and 
other  provinces  in  South  America  were  evidently  on  the 
eve  of  revolutions,  of  less  or  greater  extent ;  and  it  became 
important  to  have  all  old  disputes  with  Spain  speedily 
settled  and  terminated. 

The  American  Envoy  to  Spain,  had  been  instructed,  in 

1815,  to  demand  indemnity  for  suspending  the  right  of  de- 
posite  at  New  Orleans ;  for  a  refusal  or  neglect  to  fix  the 
boundaries  of  their  territory  bordering  on  Louisiana;  and 
for  spoliations  on  commerce,  whether  made  by  Spanish 
vessels,  or  by  the  French,  and  condemned  in  their  norts.     In 

1816,  the  Envoy  invited  negotiations  on  these^Ribjects, 
agreeable  to  his  instructions ;  but  was  told,  the  dispute 
would  be  settled  at  Washington.  But  it  was  found  that 
the  Spanish  minister,  near  the  American  government,  had 
not  full  power  to  settle  any  thing  ;  and  his  object  appeared 
to  be  delay.  In  1818,  the  executive,  by  the  Secretary  of 
State,  offered  the  following  proposition  to  the  Spanish  min- 
ister, with  a  view  to  terminate  the  differences  between  the 
two  governments,  "  A  surrender  or  cession,  by  Spain,  of  all 
territory  east  of  the  Mississippi  river — Colorado  to  be  the 
eastern  boundary — a  reference  to  commissioners  of  the 
claims  on  account  of  spoliations— that  lands  in  East  Florida 
and  to  the  river  Perdido  be  held  as  a  security  for  indemni- 
ties allowed — and  Spain  released  from  the  payment  of  debts 
arising  from  the  claims.  Evasion,  or  postponement  of  the 
dispute,  appeared  still  to  be  the  object  of  Spain  ;  for  her 
minister  offered  nothing  definite,  or  what  was  most  mani- 
festly unacceptable  and  unreasonable.  And  when  in  the 
summer  of  1818,  his  consent  was  given  for  the  cession  of 


252  FEDERAL  GOVERNMENT.  [1818 

Florida,  as  proposed  by  the  American  government,  it  was 
with  the  condition,  that  all  grants  of  land,  within  the  terri- 
tory, by  the  King  of  Spain  to  individuals,  were  to  be  recog- 
nized as  valid  ;  and  these  grants  it  was  found,  were  very 
extensive,  and  contained  some  of  the  most  valuable  parts  of 
the  country.  The  American  Secretary  was  instructed  to 
reply  to  the  Spanish  minister,  "  That  these  grants  must  be 
cancelled,  or  other  indemnity  provided  for  the  citizens  of 
the  United  States."  After  some  further  delay,  the  Spanish 
government  engaged  to  cancel  the  private  grants  of  land  in 
Florida ;  and  vexatious  disputes,  of  upwards  of  twenty 
years  continuance,  were  thus  happily  brought  to  a  close. 
One  cause  of  delay,  on  the  part  of  Spain,  was  the  revolu- 
tions in  her  Mexican  and  other  American  provinces,  con- 
nected with  an  apprehension,  that  the  government  of  the 
United  States,  encouraged  or  would  favor  the  independence 
of  those  provinces  of  the  parent  state  in  Europe. 

The  President  had  then  expressed  a  sympathy  for  the  inhab- 
itants of  those  provinces,  in  their  efforts  for  self-government. 
Spanish  armed  vessels  had,  for  some  years  before  this  pe- 
riod, committed  depredations  on  the  commerce  of  the  United 
States  in  the  Mexican  seas ;  and  though  the  federal  execu- 
tive had  promptly  sent  out  several  public  ships  for  the  pro- 
tection of  the  navigation  in  those  seas,  it  was  important  to 
provide  by  treaty  against  a  recurrence  of  such  injurious 
practices.  As  a  measure  of  provident  caution,  the  Presi- 
dent sent  out  a  ship  of  war  with  three  commissioners,  along 
the  southern  coasts,  to  obtain  correct  information  relating 
to  the  conduct  of  unauthorized  and  disorderly  individuals, 
within  the  territory  claimed  by  the  United  States,  by  the 
purchase  of  Louisiana  and  the  cession  of  Florida  ;  and  par- 
ticularly to  attempts  by  these  lawless  persons  to  introduce 
African  slaves  into  the  United  States.  Such  acts  were  al- 
leged to  have  been  committed  at  different  places  on  the 
coast,  from  Amelia  island,  at  the  mouth  of  the  river  St. 
Mary,  to  Galveston,  in  the  gulf  of  Mexico.  No  European 
government  had  authorized  these  proceedings ;  and  it  be- 
came necessary  to  adopt  efficient  measures  to  prevent,  by 
force,  the  repetition  of  such  proceedings. 

Referring  to  the  public  revenue  and  expenditures,  the 
message  estimated  the  former  at  twenty-four  millions  and 
a  half;  and  the  latter  at  twelve  millions.  Ten  millions 
had  been  applied  to  the  reduction  of  the  public  debt  and  in- 
terest. But  during  the  year  1817,  then  drawing  to  a  close, 
eighteen  millions  of  the  debt  had  been  paid.  It  was  esti- 
mated  also,  that   the   debt  incurred  by  the  purchase  of 


1818]  MONROE.  253 

Louisiana  might  be  fully  discharged  in  the  two  following 
years.*  The  President  urged  on  Congress  in  this  message, 
the  improvement  of  the  militia  system.  It  was  estimated 
that  the  number  of  the  militia  exceeded  eight  hundred 
thousand ;  and  it  was  recommended  to  arm  the  whole  in 
an  efficient  and  uniform  manner.  The  number  of  regular 
troops  in  the  United  States  service,  at  that  time,  was  up- 
wards of  eight  thousand. f 

Further  purchases  of  lands  of  the  Indian  tribes,  it  ap- 
peared, had  been  made  ;  chiefly  in  the  west  and  northwest ; 
which  were  within  the  States  of  Ohio  and  Indiana,  and  of 
the  territory  of  Michigan.  These  purchases  had  been  ef- 
fected on  friendly  terms,  and  the  value  at  which  they  were 
estimated  by  the  Indians  was  paid  by  the  government ;  and, 
when  desired,  tracts  were  reserved  for  the  exclusive  use 
and  occupancy  of  the  natives.  A  large  tract  had  then  also 
been  purchased  of  the  Cherokee  tribe,  within  the  State  of 
Georgia,  and  an  arrangement  made  by  which  lands,  west 
of  the  Mississippi,  were  to  be  given  in  exchange  for  all  the 
territory  claimed  by  that  tribe,  on  the  east  of  that  river. 
The  following  comment  was  made  by  the  President,  in  his 
message,  on  these  purchases  of  the  Indian  tribes.  "  In  this 
progress"  (the  extension  of  settlements  in  the  west  by  the 
civilized  inhabitants  of  the  United  States)  "which  the 
rights  of  nature  demand,  and  nothing  can  prevent,  marking 
a  growth  rapid  and  gigantic,  it  is  our  duty  to  make  new 
efforts  for  the  preservation,  improvement,  and  civilization 
of  the  native  inhabitants.  The  hunter  state  can  exist  only 
in  the  vast  uncultivated  desert.  It  always  yields  to  the 
more  dense  and  compact  form,  and  greater  force,  of  civil- 
ized population:  and  of  right  it  ought  to  yield;  for  the 
earth  was  given  to  mankind,  to  support  the  greatest  num- 
ber of  which  it  is  capable ;  and  no  tribe,  or  people,  have  a 
right  to  withhold  from  the  wants  of  others  more  than  is 
necessary  for  their  own  support  and  comfort." 

These  views  were  at  once  philosophical  and  humane. 
And  if  they  were  made  as  an  apology  for  the  policy  of  the 
government  in  obtaining  tracts  of  land  from  the  native 
Indians,  they  apply  also  to  the  measures  adopted  by  Wash- 
ington and  his  successors  :   who,  while  they  all  authorized 

*  The  national  debt,  on  the  first  of  January,  1818,  amounted  to  nearly  one 
hundred  millions  of  dollars  ;  it  had  been  reduced  about  twenty  millions  during 
the  two  preceding  years. 

t  The  number  of  patents  issued  in  1817,  for  new  inventions,  was  one  hun- 
dred and  seventy  :  an  evidence  of  the  great  industry  and  ingenuity  of  the  cit- 
izens of  the  United  States  ;  particularly  of  mechanics. 


254  FEDERAL  GOVERNMENT.  [1818 

purchases  of  the  Indian  lands,  were  careful  to  pay  a  just 
compensation  for  them,  and  to  have  the  free  consent  of  the 
head-men  of  the  tribes,  by  treaty,  for  the  possession. 

The  President  called  the  attention  of  Congress  to  the 
public  lands,  which  he  said  were  of  vast  extent,  and  rapidly 
rising  in  value.  And  he  suggested  the  importance  of  legis- 
lation on  the  subject,  which  should  prevent  their  monopoly 
by  a  few  speculating  capitalists  for  their  own  profit ;  and 
to  render  them  most  productive  to  the  United  States  revenue, 
consistently  with  due  accommodation  to  actual  settlers. 
"  The  public  lands,"  he  said,  "  were  a  public  stock  which 
ought  to  be  disposed  of  to  the  best  advantage  for  the  nation ; 
and  the  nation  should  derive  the  profit  proceeding  from  the 
constant  rise  in  their  value.  Every  encouragement  should 
be  given  to  emigrants,  consistent  with  a  fair  competition 
between  them ;  but  that  competition  should  operate,  in  the 
first  sale,  to  the  advantage  of  the  nation,  rather  than  of  indi- 
viduals. Great  capitalists  will  derive  all  the  benefit  inci- 
dent to  their  superior  wealth,  under  any  mode  of  sale  which 
may  be  adopted.  But,  if  looking  forward  to  the  rise  in  the 
value  of  public  lands,  they  should  amass  vast  bodies  in 
their  hands  at  low  prices,  the  profit  will  accrue  to  them, 
and  not  to  the  public.  They  would  also  have  the  power 
to  control  the  emigration  and  settlement,  in  such  manner  as 
their  opinion  of  their  own  particular  interests  might  dic- 
tate." 

The  subject  of  public  roads  and  internal  improvements 
was  distinctly  noticed  in  the  message  of  the  President,  at 
this  time ;  and,  while  he  admitted  the  benefit  to  be  derived 
from  them,  he  expressed  his  doubts  as  to  the  constitutional 
power  of  Congress  to  apply  the  public  funds  to  such  pur- 
poses. As  the  subject  had  then  recently  been  before  Con- 
gress, and  might  soon  again  be  introduced,  he  said  he  con- 
sidered it  his  duty  to  notify  them,  that  with  his  present 
views  he  could  not  approve  of  any  act  for  such  objects, 
without  an  additional  clause  in  the  Constitution,  authorizing 
such  appropriations.  Large  sums  had  already  been  ex- 
pended on  the  Cumberland  road,  opening  a  better  inter- 
course between  the  Atlantic  States  and  those  of  the  interior 
in  the  west ;  and  further  appropriations  were  then  proposed 
to  extend  and  to  complete  it. 

u  In  case  of  doubtful  construction," — this  is  the  language 
of  the  President — u  especially  of  such  vital  interests,  it 
comports  with  the  nature  and  origin  of  our  institutions,  and 
will  contribute  most  to  preserve  them,  to  apply  to  our  con- 
stituents  for   an   explicit   grant  of  power.     And  I  think 


1818]  MONROE.  255 

proper  to  suggest  also,  if  this  measure  is  adopted,  that  it  be 
recommended  to  the  States  to  include,  in  the  amendment 
sought,  a  right  in  Congress  to  institute  seminaries  of  learn- 
ing for  the  important  purpose  of  diffusing  knowledge 
among  our  fellow -citizens  throughout  the  United  States." 

The  labor  for  completing  this  great  public  road,  from  the 
river  Potomac,  dividing  Virginia  and  Maryland,  to  the  Ohio 
river,  was  suspended  for  some  time;  but  the  construction 
was  afterwards  resumed,  and  vast  sums  of  public  money- 
expended  in  rendering  it  fit  for  travel. 

In  this  message,  the  President  recommended  the  repeal 
of  internal  taxes:  "The  revenue,"  he  said,  "arising  from 
impost  and  tonnage,  and  the  sale  of  public  lands,  would  be 
fully  adequate  to  the  support  of  civil  government,  of  the 
military  and  naval  establishments,  for  interest,  and  author- 
ized instalments  of  the  public  debt." 

Early  in  the  session,  Congress  passed  an  act  to  abolish 
the  internal  duties  imposed  in  the  war  of  1812 — 1815  :  these 
were  duties  on  licenses  to  distillers,  on  refined  sugar,  li- 
censes to  retailers,  sales  at  auction,  on  pleasure  carriages, 
stamped  vellum,  parchment,  and  paper.  Most  of  the  meas- 
ures recommended  by  the  President  were  approved  by  a 
large  majority  of  Congress ;  and  there  was  much  harmony 
among  members  of  different  political  views.  For  there 
were  still  some  differences  of  opinion ;  but  much  less  of 
crimination  or  bitterness  manifested  in  debate  than  had  ap- 
peared for  several  preceding  years.* 

In  conformity  to  the  suggestion  of  the  President,  a  law 
was  passed  at  this  session  of  Congress,  granting  pensions  to 
the  surviving  officers  and  soldiers  of  the  revolutionary  war, 
which  included  all  who  had  served  nine  months  in  the  con- 
tinental army  at  one  term  of  enlistment.!  The  law  was 
modified,  and  in  some  measure  restricted,  by  an  act  two 
years  after,  which  confined  the  pension  to  those  who  were 
in  destitute  circumstances.  But,  with  this  modification,  the 
law  afforded  relief  to  a  great  number,  not  less  than  thirteen, 
thousand,  who  had  given  their  personal  services  and  haz- 
arded their  lives  for  the  liberties  of  the  country,  in  the  war 

*  During  this  session,  the  compensation  for  members  of  Congress  was  fixed 
at  eight  dollars  a  day;  and  eight  dollars  for  every  twenty  miles  travel;  and  the 
act  of  March,  1816,  providing  a  salary  of  fifteen  hundred  dollars  for  each 
member,  was  repealed. 

t  The  bill  for  this  purpose  was  discussed  several  weeks,  and  was  warmly  op- 
posed by  several  members  as  injudicious  and  extravagant;  but  was  finally  passed 
by  large  majorities  in  both  Houses  of  Congress — in  the  Senate  by  three-fourths. 
Among  the  most  active  advocates  of  the  bill,  was  Harrison,  of  Ohio,  in  the 
House;  and  King,  of  New  York,  and  Otis,  of  Massachusetts,  in  the  Senate. 


256  FEDERAL  GOVERNMENT.  [1818 

of  the  Revolution.  It  was  considered  an  act  of  great  gen- 
erosity, or  liberality,  in  the  government ;  but  it  was  in  truth 
no  more  than  equity  and  justice,  to  grant  such  support  to 
those  who  defended  the  country  in  a  period  of  danger ; 
and  who,  through  the  inability  of  government,  had  never 
before  received  an  adequate  compensation  for  their  invalu- 
able services. 

An  additional  act  was  passed  at  this  session  of  the  federal 
legislature,  on  the  subject  of  importation  of  slaves  into  the 
United  States ;  which  modified,  in  some  particulars,  the  law 
of  1807  on  the  same  subject,  but  did  not  materially  change 
its  prohibitions  or  penalties.  And  a  further  law  was  enacted, 
forbidding  the  citizens  of  the  United  States  to  engage  in 
any  hostile  enterprise  against  the  subjects  of  a  government, 
which  was  on  terms  of  peace  and  amity  with  the  United 
States.  There  were  some  attempts  at  that  time  to  introduce 
slaves  into  the  country,  through  the  ports  in  the  extreme 
south ;  and  an  expedition  was  apprehended  to  be  in  prep- 
aration to  invade  the  Mexican  territory  with  hostile  views. 

The  subject  of  internal  improvements,  at  the  expense  of 
the  federal  government,  was  before  Congress  during  this 
session.  A  committee,  who  had  the  subject  under  consid- 
eration, reported,  "  that  the  dividends  of  the  United  States 
stock,  in  the  national  bank,  be  appropriated  to  such  objects ; 
but  there  was  a  strong  opposition  to  the  measure ;  and  after 
repeated  debates,  relating  principally  to  the  constitutionality 
of  such  appropriations,  the  subject  was  postponed  to  a  future 
day.  And  yet  a  vote  was  taken  in  the  House,  at  one  stage 
of  the  bill,  when  there  appeared  a  majority  of  fifteen  in 
favor  of  appropriating  the  public  funds  for  canals,  and  for 
military  and  post  roads.  The  majority  in  both  Houses  of 
Congress  on  granting  legislative  encouragement  to  the  do- 
mestic manufacture  of  cotton  and  woollen  cloths,  at  this 
time,  was  very  great.  In  the  Senate,  all  but  three,  and  in 
the  House  of  Representatives,  all  but  sixteen  voted  for  a  bill 
to  continue,  for  seven  years,  the  duty  laid  in  1816,  on  im- 
ported goods  of  these  descriptions.  The  navigation  act, 
passed  at  the  same  session  of  Congress,  imposing  additional 
duties  on  vessels  coming  from  ports,  which  were  interdicted 
to  American  vessels,  and  designed  to  favor  the  commerce 
of  the  United  States,  was  adopted  by  equally  large  majori- 
ties in  both  branches  of  the  national  legislature.* 

*  This  act  was  designed  to  remedy  or  countervail  the  evils  of  excluding 
American  vessels  from  the  British  colonial  ports,  as  the  commercial  convention 
with  England,  in  1815,  had  done.  Mr.  King  of  New  York,  explained  and  ad- 
vocated the  bill  with  very  great  ability ;  and  to  the  conviction  of  all  who  heard 
or  read  his  argument. 


1818]  MONROE.  257 

A  motion  was  made  in  the  House  of  Representatives, 
when  in  committee  of  the  whole,  by  the  Speaker — Mr. 
Clay,  of  Kentucky — for  a  mission  to  South  America,  to  ex- 
press the  sympathy  of  the  government  of  the  United  States, 
for  the  colonies  there,  which  had  declared  their  indepen- 
dence, with  a  view  to  enter  into  friendly  political  relations 
with  them  at  a  future  day.  The  specific  proposition  was, 
to  provide  a  support  for  a  minister  to  Buenos  Ayres  and 
the  provinces  of  La  Plata,  should  the  executive  see  fit  to 
appoint  one;  thus  previously  giving  an  opinion  in  favor  of 
such  a  measure.  The  proposition  was  rejected  by  a  vote  of 
one  hundred  and  fifteen  to  forty-five.  It  was  not  the  object 
of  the  mover  to  compromit  the  peace  of  the  United  States, 
or  to  authorize  any  connection  which  would  necessarily  pro- 
duce a  war  with  an  European  power.  But  the  objections 
were,  to  moving  at  all  in  such  a  measure,  as  it  might  involve 
the  United  States  in  unforeseen  difficulties ;  and  it  was  con- 
tended, that  no  advantage  would  probably  result  from  it. 
Mr.  Forsyth,  of  Georgia,  opposed  the  projected  measure 
with  great  ability  and  eloquence.  Those  members  of  the 
House,  who  had  been  usually  denominated  federalists,  took 
little  part  in  the  debate.  The  inhabitants  of  South  America, 
as  well  as  of  Mexico  and  Central  America,  had  long  been 
kept  in  a  degraded  condition,  and  unjustly  oppressed.  Their 
situation  was  commisserated  by  the  citizens  of  the  United 
States  generally ;  and  most  were  hoping  that  they  would 
throw  off  the  heavy  yoke  of  European  governments,  and 
assert  their  independence.  But  the  policy  and  propriety  of 
a  formal  declaration  in  their  favor,  by  the  government  at 
that  period,  and  in  their  then  unsettled  state,  was  not  ad- 
mitted by  the  majority  of  the  citizens. 

During  the  year  1818,  and  previously  to  the  treaty  with 
Spain,  negotiations  for  which  have  been  already  noticed, 
very  serious  difficulties  arose  in  Florida,  on  account  of  the 
invasion  of  the  territory,  then  in  possession  of  the  Spanish 
government,  by  United  States  troops,  under  command  of 
General  Andrew  Jackson,  and  of  the  forcible  seizure  of  St. 
Marks  and  Pensacola.  This  conduct  of  the  American 
General  was  deemed  altogether  unjustifiable  ;  as  negotia- 
tions with  Spain  for  the  territory  were  then  pending;  and 
the  instructions  of  the  President  did  not  authorize  an  attack 
on  the  Spanish  troops  or  forts.  General  Jackson  had  been 
directed  to  subdue  the  Indians,  who  were  troublesome  to 
the  white  population  in  Alabama  and  vicinity ;  but  not  to 
attack  or  invade  the  Spanish  possessions.  His  plea  for  doing 
it  was,  that  the  hostile  Indians  fled  to  the  Spanish  com- 
33 


258  FEDERAL  GOVERNMENT.  [1818 

manders  for  protection ;    that  they    were   encouraged  by 
them ;  and  that  the  safety  of  the  inhabitants  in   that  part 
of  the  United  States  required  such  proceedings.     The  execu- 
tive   afterwards   caused   the    instructions    given    General 
Jackson,  on  this  occasion,  to  be  laid  before   Congress ;  and 
he  also  gave  orders  immediately  for  the  restoration  of  the 
forts  and  places  to  the  Spanish  authorities.     General  Jack- 
son was  also  charged  with  undue  severity,  at  this  time,  in 
the  execution  of  two  British  subjects,  whom  he  took  in  the 
territory.     The  punishment  was  summary,  and  without  law  ; 
but  the  justification  he  offered  was,  that  they  were  instigating 
the  Indians  in  their  hostilities  against  the  citizens  of  the 
United  States,  and  were  to  be  treated  as  spies,  or  outlaws. 
The  plea  was  not  satisfactory  to  the  public.     Outlaws  are 
not  known  by  the  American  government.     And  it  was  not  for 
a  military  character  to  declare  any  one  such,  without  a  claim 
to  legal  trial.     And  they  could  not  justly  be  treated  as  spies  ; 
for  there  was  no  war  then  existing ;  and  no  enemy  known, 
to  whom  improper  information  could  be  given.     In  disavow- 
ing and  disapproving  the  conduct  of  General  Jackson,  in 
these  acts,  the  executive  found  cause,  however,  to  excuse 
them,  on  the  consideration  of  the  peculiar  exigency  of  the 
case.     The  great  popularity  of  the  military  commander  was 
supposed  to  have  furnished  a  reason  for  no  further  proceed- 
ings or  inquiries  into  this  affair.     Two  of  the  cabinet,  as  it 
afterwards  appeared,  were  of  opinion,  that  a  public  censure 
or  reprimand  was  necessary,  to  vindicate  the  character  of 
the  administration.* 

In  much  later  times,  Florida  has  been  a  field  for  expense 
and  suffering  to  the  United  States.  It  has  become  the  cem- 
etery for  many  a  gallant  and  worthy  young  man,  who  be- 
longed to  the  military  of  the  nation.  In  many  instances 
also,  the  native  population  have  been  destroyed  in  wanton 
cruelty,  and  not  for  necessary  defence.  It  has  been  found 
impossible  to  remove,  or  to  quiet  them  in  all  parts  of  the 

*  The  instructions  from  the  President  to  General  Jackson,  forbid  him  to  enter 
Florida,  unless  in  pursuit  of  an  enemy;  and  in  that  case,  to  respect  the  Spanish 
authority,  wherever  it  was  maintained.  The  latter  part  of  the  instructions 
appear  to  have  been  directly  disregarded.  Such  conduct  would  have  involved 
the  United  States  in  war,  with  a  powerful  nation,  except  there  were  a  prompt 
and  explicit  disavowment  of  it  by  the  executive.  The  conduct  of  the  military 
commander,  (General  Jackson,)  was  made  a  subject  of  inquiry  in  the  House 
of  Representatives,  and  a  report  made,  disapproving  of  some  parts  of  it  as  ar- 
bitrary, unjustifiable,  and  dangerous  in  principle;  and  the  report  was  ably  sup- 
ported by  Clay  of  Kentucky,  Johnson  of  Virginia,  and  others;  but  opposed 
by  many  other  members.  The  inquiry  disclosed  several  highly  arbitrary  acts. 
The  Governor  of  Georgia  was  told  by  General  Jackson,  "  that  he  had  no  right 
to  issue  a  military  order  while  he  was  in  the  field." 


1818]  MONROE.  259 

territory.  Some  of  them,  indeed,  have  relinquished  their 
right  and  claim  to  the  soil :  but  others  have  remained  ;  and 
all  efforts  to  subdue  or  to  banish  them,  have  proved  unavail- 
ing. To  gain  and  to  keep  possession  of  Florida,  where  there 
were  only  two  or  three  thousand  warriors,  has  cost  the  United 
States  almost  a  sixth  part  of  the  expense  of  the  eight  years 
war  for  liberty  and  independence.  The  patriot  and  the 
philanthropist  have  often  inquired,  if  just  and  kind  treat- 
ment of  the  natives  would  not  have  made  them  friends  of 
the  government  and  of  the  people  in  their  neighborhood ; 
and  thus  have  prevented  the  immense  waste  of  blood  and 
treasure,  for  a  territory  not  necessary  for  the  glory  or  pros- 
perity of  the  republic ;  nor  justly  claimed,  without  the 
consent  of  the  native  tribes. 

In  his  message  to  Congress,  at  the  beginning  of  the  ses- 
sion, in  November,  1818,  the  President  referred  to  the  Con- 
vention, made  with  Great  Britain  in  1815,  for  regulating 
the  commercial  intercourse  between  the  two  countries,  and 
which  would  expire  in  the  following  year :  and  stated  that 
the  American  Envoy,  at  the  court  of  London,  had  been  in- 
structed to  call  the  attention  of  the  British  ministry  to  the 
subject;  proposing  a  removal  of  the  terms  of  the  Conven- 
tion, with  some  modifications,  deemed  more  favorable  to  the 
navigation  and  commerce  of  the  United  States.  The  En- 
voy, then  at  the  court  of  Paris,  was  authorized  and  directed 
to  repair  to  England,  and  to  assist  in  the  negotiations.  And 
the  various  subjects  of  impressments,  of  the  fisheries,  of 
boundaries,  with  a  general  regulation  of  all  commercial  in- 
tercourse in  future,  were  to  be  discussed,  and  if  possible 
adjusted  in  a  satisfactory  manner.  Congress  was  informed 
that  the  British  administration  had  met  the  proposition  in  a 
friendly  spirit,  and  that  negotiations  had  been  already  com- 
menced. 

The  President  gave  a  full  statement  of  the  proceedings  in 
Florida,  by  United  States  officers,  and  of  the  capture  of  St. 
Marks  and  Pensacola,  and  of  his  disavowal  of  the  attack 
on  those  places,  and  his  restoration  of  them  to  the  Spanish 
authorities.  He  suggested,  that  an  apology  might  be  found, 
for  the  acts  committed  without  his  authority,  in  the  weak- 
ness of  the  Spanish  forces  there,  or  a  neglect  to  keep  In- 
dians in  submission  and  peace.  They  had  perpetrated 
many  deeds  of  cruelty,  and  the  country  was  in  a  state  of 
anarchy,  as  well  as  a  place  of  resort  for  lawless  and  dan- 
gerous men.*     The  remedy,  if  severe  and  arbitrary,  might 

*  The  Secretary  of  State  said,  in  reply  to  the  Spanish  minister — that  the  en- 
trance of  Florida,  by  General  Jackson  and  the  United  States  troops  under  his 


260  FEDERAL  GOVERNMENT.  [1818 

in  his  opinion,  be  justified,  from  the  necessity  of  the  case. 
He  expressed  a  hope,  however,  that  the  difficulties  between 
Spain  and  the  United  States  would  soon  be  brought  to  a 
close,  by  a  cession  of  Florida. 

A  reference  was  made  in  the  message  to  the  political 
state  of  Buenos  Ayres  and  some  other  provinces  in  that 
part  of  South  America,  which  had  then  recently  declared 
themselves  independent  of  Spain  :  and  to  the  appeal  of  the 
latter  to  her  allies  in  Europe  for  assistance  or  advice.  The 
European  powers,  friendly  to  Spain,  it  appeared,  had  prom- 
ised to  mediate  between  the  provinces  and  the  parent 
government:  but  it  was  not  expected  that  those  powers 
would  interfere  by  force  to  oblige  the  provinces  to  submit, 
but  would  be  satisfied  with  an  expression  of  their  opinion 
on  the  subject.  And  the  President  was  therefore  induced 
to  observe,  "  that  the  policy  pursued  by  the  United  States 
government,  which  was  of  a  neutral  character,  and  a  for- 
bearance of  all  definite  action  in  favor  of  the  provinces, 
was  highly  proper  in  the  present  state  of  affairs.''** 

The  message  gave  a  statement  of  the  finances  of  the 
United  States,  which  were  in  a  very  prosperous  state. 
The  actual  and  estimated  receipts  into  the  public  treasury 
were  about  twenty-five  millions  :  and,  after  satisfying  all 
demands  under  the  appropriations  made,  redeeming  a  full 

command,  was  necessary  for  the  safety  of  American  citizens  in  Georgia  and 
Alabama;  that  the  Spanish  officers  in  command  there  were  guilty  of  gross  neg- 
lect in  not  restraining  the  native  Indians;  that  lawless  and  dangerous  individuals, 
who  were  selfish  adventurers  from  other  countries,  had  instigated  the  Indians 
in  their  various  acts  of  hostility;  and  this  being  proved,  that  their  summary 
execution  was  proper;  that  the  Spanish  government  might  be  assured  this 
state  of  things  could  no  longer  be  endured,  and  "  that  the  government  of  the 
United  States  would  keep  up  a  force  in  the  province,  sufficient  to  restrain  the 
Indians."  "The  duty  of  this  government,"  he  said,  "to  protect  the  per- 
sons and  property  of  our  fellow-citizens  on  the  borders  of  the  United  States  is 
imperative ;  it  must  be  discharged— and,  if  after  all  the  warnings  which  Spain 
has  had;  if,  after  the  prostration  of  all  her  territorial  rights  and  neutral  obliga- 
tions, by  Nichols  and  his  banditti,  of  all  her  treaty  stipulations,  by  Arbuthnot 
and  Ambrister,  abetted  by  her  own  commanding  officers,  to  the  cruel  annoy- 
ance of  the  United  States— if  the  necessities  of  self-defence  should  again  com- 
pel the  United  States  to  take  possession  of  the  Spanish  forts  and  places  in 
Florida,  we  declare,  with  the  frankness  and  candor  which  becomes  us,  that 
another  unconditional  restoration  must  not  be  expected — that  even  the  Presi- 
dent's confidence  in  the  good  faith  and  ultimate  justice  of  the  Spanish  govern- 
ment will  yield  to  the  painful  experience  of  continual  disappointment;  and  that 
after  unwearied  and  almost  unnumbered  appeals  to  them  for  the  performance  of 
their  stipulated  duties  in  vain,  the  United  States  will  be  reluctantly  compelled 
to  rely,  for  the  protection  of  their  borders,  on  themselves  alone." 

*  The  Commissioners  appointed  sometime  before  by  the  executive  to  visit 
South  America,  had  returned,  and  their  opinion  was  in  accordance  with  that 
here  expressed  by  the  President. 


1818]  MONROE.  261 

moiety  of  the  Louisiana  debt,  and  paying  the  whole  of  the 
old  six  per  cent,  stock,  two  millions  would  be  remaining  in 
the  treasury.  The  sale  of  public  lands,  during  the  year, 
exceeded  both  in  quantity  and  price  that  of  any  former 
year ;  and  several  large  tracts  had  also  been  purchased  of 
the  Indian  tribes,  with  the  entire  approbation  of  the  chiefs, 
and  of  great  value  to  the  United  States. 

During  this  session  of  Congress,  a  committee  was  ap- 
pointed by  the  House  of  Representatives,  to  examine  into 
the  conduct  of  the  directors  of  the  United  States  Bank ; 
though  the  proposition  was  opposed  as  unnecessary.  There 
were  suspicions  and  reports  at  that  time  of  mismanage- 
ment in  the  administration  of  the  institution :  and  it  was 
charged,  that  the  terms  of  paying  in  the  capital  stock  had 
not  been  strictly  enforced,  and  that  there  was  a  spirit  of 
favoritism  in  the  board  of  directors.  Some  defects  were 
found,  by  the  committee,  in  the  conduct  of  the  president 
and  directors ;  but  nothing  to  warrant  the  reports  which 
had  been  circulated  unfavorable  to  the  bank.  No  gross 
misconduct,  and  no  violations  of  the  charter  were  detected ; 
and  no  act  of  the  national  legislature  followed  on  the  re- 
port. The  inquiry  could  not  justly  be  considered  as  im- 
proper, as  the  public  reports  of  the  day  were  calculated  to 
weaken  the  confidence  of  the  people  in  the  institution ;  and 
as  there  was  then  a  great  pressure  in  the  monetary  con- 
cerns of  the  country  ;  and  it  was  important  that  a  banking 
company,  which  had  the  countenance  and  support  of  the 
federal  government,  should  be  faithfully  administered.  It 
was  a  period  of  uncommon  pressure  with  all  the  banks 
in  the  nation,  and  many  were  unable  to  meet  the  payment 
of  specie  for  their  bills.  There  was  a  great  scarcity  of 
specie  in  circulation.  The  trade  and  commerce  with  for- 
eign countries  had  led  to  an  exportation  of  the  precious 
metals  in  unusual  quantities.  And  it  was  proposed  in 
Congress  to  prohibit  or  restrict  the  exportation,  as  a  remedy 
for  the  embarrassments  which  existed.  But  the  majority 
was  opposed  to  such  a  measure.  The  opinion  of  the  Secre- 
tary of  the  Treasury  was  requested  by  a  committee  of  the 
House  of  Representatives,  on  the  subject,  which  was  ad- 
verse to  all  legislation,  and  the  committee  in  their  report 
agreed  with  the  Secretary.  They  observed — "It  is  the 
opinion  of  your  committee  that  commerce  will  nourish 
most,  when  permitted  to  pursue  its  own  paths,  marked  out 
by  itself,  embarrassed  as  little  as  possible  by  legislative 
regulations  and  restrictions." 

A  Convention  was  concluded  between  the  United  States 


262  FEDERAL  GOVERNMENT.  [1818 

and  Great  Britain  in  October,  1818,  and  ratified  on  the 
part  of  the  latter  in  November,  and  on  the  part  of  the  for- 
mer in  January,  1819 :  but  it  did  not  embrace  all  the  sub- 
jects proposed  by  the  American  Envoys,  and  anticipated 
by  the  executive.  The  subject  of  impressment  was  not 
included,  nor  that  of  the  trade  between  the  United  States 
and  the  colonies  of  England  ;  though  these  were  urged  by 
the  Envoys  of  the  United  States.*  The  principal  articles 
related  to  the  fisheries,  near  the  coast  of  Newfoundland, 
of  the  Magdalen  Islands,  of  Labrador,  and  in  the  Straits 
of  Bellisle  :  to  the  northern  boundary  line  between  the  ter- 
ritories of  each  nation,  from  the  Lake  of  the  Woods  and  the 
Rocky  Mountains— to  the  admission  of  the  citizens  and 
subjects  of  either  power  to  the  northwest  coast  of  America, 
west  of  the  Rocky  Mountains,  for  ten  years,  without  preju- 
dice to  the  claims  of  either,  to  any  part  of  that  country  :  to 
the  renewal  and  continuance  of  the  Convention  of  1815,  for 
the  term  of  ten  years  ;  and  to  the  restoration  of  slaves  be- 
longing to  citizens  of  the  United  States,  taken  in  the  coarse 
of  the  war  of  1812,  as  formerly  stipulated  by  the  treaty  of 
Ghent. 

The  most  important  laws  of  Congress,  at  this  ses- 
sion— from  November,  1818,  to  March,  1819 — were  the 
following :  to  protect  the  commerce  of  the  United  States, 
and  punish  the  crime  of  piracy  ;  by  which  the  President 
was  authorized  to  instruct  the  commanders  of  public 
armed  vessels  of  the  United  States,  to  seize  any  armed 
vessel  or  boat,  which  had  committed  or  attempted  any 
piratical  depredations  or  aggression  on  the  maritime  pro- 
perty of  American  citizens  ;  and  in  certain  cases,  to  permit 
merchant  vessels  to  be  armed  in  self-defence : — to  regulate 
the  duties  on  imported  wines,  by  which  a  reduction  was 
made  in  the  duties  previously  required : — to  provide  for 
the  civilization  of  the  Indian  tribes  adjoining  the  frontier 
settlements  of  the  United  States ;  by  which  the  President 
was  authorized  to  employ  suitable  persons  to  teach  them 
agriculture,  and  to  encourage  them  to  engage  in  it ;  and 
also  to  instruct  their  children  in  reading,  writing,  and  arith- 
metic; and  the  sum  of  ten  thousand  dollars  was  voted  for 
such  purposes  :  and  an  additional  act  to  provide  for  the 
prompt  settlement  of  public  accounts. 

*  The  British  negotiators  were  not  willing  to  agree  to  relinquish  their  an- 
cient claim  of  the  right  to  search  for  their  own  native  subjects,  in  merchant 
vessels,  in  time  of  war,  when  they  might  need  their  service ;  and  the  Envoys 
of  the  United  States  could  not  consent  to  such  a  claim,  without  virtually  sur- 
rendering their  sovereignty  and  independence  :  But  were  ready  to  engage  to 
exclude  British  subjects  from  their  maritime  service,  in  all  cases. 


1818]  MONROE.  263 

There  was  also  a  law  made  at  this  time,  relating  to  the 
slave  trade,  designed  as  supplementary  to  former  laws  on 
the  same  subject.  It  gave  the  President  power  to  employ 
any  of  the  armed  vessels  of  the  United  States  to  cruise  on 
the  coasts  of  Africa,  or  elsewhere,  where  he  had  reason  to 
believe  attempts  were  made  to  carry  on  the  slave  trade  by 
citizens  or  residents  of  the  United  States. 

The  territory  of  Illinois  was  admitted  into  the  federal 
Union,  and  recognized  as  one  of  the  United  States ;  Missis- 
sippi was  admitted  at  the  preceding  session  of  Congress; 
and  Alabama,  in  1819  ;  and  Maine  in  1820. 

The  attention  of  the  federal  government  continued  to  be 
directed  chiefly  to  the  fiscal  concerns  of  the  country,  by 
effecting  sales  of  public  lands,  and  reducing  the  national 
debt ;  and  to  a  gradual  completion  of  fortifications  for  de- 
fence. The  demands  on  the  treasury  had  increased,  on  ac- 
count of  the  very  great  number  of  pensioners  under  the  law 
of  1818.  More  than  a  million  of  dollars  were  paid  to  these 
veterans  of  the  Revolution  in  one  year.  And  the  revenue 
arising  from  imposts  was  less,  in  1817,  than  in  the  pre- 
ceding year.  Embarrassments  of  a  pecuniary  nature  af- 
fected most  parts  of  the  United  States,  in  1818  and  1819  ; 
and  the  influence,  to  some  extent,  was  felt  in  the  revenue. 

The  manufacturing  interests  suffered  by  this  general 
pressure  in  the  monetary  affairs  of  the  nation.  And  the 
President,  in  his  annual  address  to  Congress,  December, 
1819,  suggested  the  propriety  of  affording  further  encour- 
agement to  these  establishments.  They  had  shared  in  the 
disadvantages  arising  from  the  small  and  limited  discounts, 
which  the  banks  could,  at  that  period  grant  them ;  for  in 
most  instances  they  needed  a  credit  to  prosecute  their 
business  with  success.  The  President  submitted  it  to  the 
national  legislature  to  afford  such  encouragement  and  aid 
as  they  might  think  proper,  "having  due  regard  to  the 
other  great  interests  of  the  nation." 

The  message  of  the  President,  December,  1819,  referred 
at  some  length  to  the  state  of  the  Spanish  provinces  in 
South  America,  which  had  thrown  off  their  allegiance  to 
the  parent  government  three  years  before,  and  where  a 
civil  war  had  followed,  between  the  inhabitants  in  the 
provinces,  and  the  troops  in  the  immediate  service  of  the 
crown.  The  contest  had  thus  far  proved  favorable  to  the 
provinces.  Buenos  Ayres,  Chili,  and  some  other  colonies 
had  maintained  their  independence ;  and  the  progress  of 
the  revolution  in  these  countries  had  excited  the  sympathy 
or  interest  of  other  governments.     Most  governments  in 


264  FEDERAL  GOVERNMENT.  [1819 

Europe,  being  anxious  for  the  support  of  the  principles  of 
legitimacy,  were  not  desirous  of  the  success  of  the  people 
in  South  America,  who  were  professedly  aiming  to  estab- 
lish free  governments  on  the  ruins  of  monarchy.  The  peo- 
ple of  the  United  States  generally,  discovered  a  deep  sym- 
pathy for  the  rising  republics,  and  expressed  a  wish  for 
their  independence  of  the  European  monarchy.  The  Pres- 
ident possessed,  in  some  measure,  this  spirit  of  sympathy  ; 
but  he  wisely  held  a  neutral  position,  and  recommended 
the  same  policy  to  Congress.  "  A  virtuous  people,"  he 
observed,  "  may  and  will  confine  themselves  within  the 
limits  of  strict  neutrality ;  but  it  is  not  in  their  power  to 
behold  a  conflict,  so  vitally  important  to  their  neighbors, 
without  the  sensibility  and  sympathy  which  naturally  be- 
long to  such  a  case.  It  has  been  the  constant  purpose  of 
the  government  to  prevent  that  feeling  leading  to  excess ; 
and  it  is  very  gratifying  to  state,  that  so  strong  has  been 
the  sense,  through  the  whole  community,  of  what  was  due 
to  the  character  and  obligations  of  the  nation,  that  few  ex- 
amples of  a  contrary  kind  have  occurred."  The  favorable 
views  towards  these  provinces  in  South  America,  which 
were  cherished  by  the  federal  administration,  had  been 
frankly  communicated  to  the  European  powers ;  and  the 
President  expressed  the  belief,  that  such  was  the  progress 
the  revolutions  had  made,  and  such  the  condition  of  Spain, 
that  the  latter  would  refrain  from  prosecuting  the  contest. 
A  formal  recognition  of  the  independence  of  the  provinces 
in  South  America,  by  the  federal  government,  would  have 
been  premature  and  injudicious  at  that  period ;  and  yet 
the  measure  was  urged  by  some  eminent  politicians  then  in 
Congress.  The  pacific  policy  proposed  by  the  United 
States,  forbid  any  interference  between  these  provinces  and 
the  parent  government  in  Europe.  As  much  as  was  proper 
or  politic  was  done,  by  the  declaration  of  the  President, 
that  the  United  States  could  not  be  indifferent  to  attempts, 
by  the  monarchical  powers  in  Europe,  if  any  were  made, 
to  put  down  these  infant  republics  by  force,  and  to  compel 
their  submission  to  the  government  of  Spain,  with  a  view 
to  support  the  principles  of  legitimacy,  which  were  pre- 
vailing on  the  old  continent.* 

*  Mr.  Clay,  of  Kentucky,  then  the  Speaker  of  the  House  of  Representa- 
tives, in  1818  and  again  in  1819,  declared  himself  in  favor  of  recognizing  the  in- 
dependence of  the  South  American  provinces,  and  expressed  a  hope  that  they 
would  be  successful  in  their  struggles  for  self-government.  Many  other  mem- 
bers expressed  similar  views  ;  but  the  majority  considered  it  improper  in  the 
government  to  interfere. 


1820]  monroe.  265 

The  sanction  of  the  federal  legislature  was  given  to  in- 
ternal improvement,  which  had  been  a  subject  of  frequent 
discussion  before ;  so  far  as  to  authorize  the  executive  to 
cause  a  survey  of  the  country,  for  continuing  the  Cumber- 
land road  from  Wheeling,  on  the  Ohio  river,  in  the  west 
part  of  Virginia,  to  a  point  on  the  left  bank  of  the  Missis- 
sippi, between  St.  Louis  and  the  mouth  of  the  Illinois  river  ; 
and  an  appropriation  was  made  to  meet  the  expenses  of  the 
survey.  The  bill  for  this  purpose  received  much  opposition ; 
and  some  voted  in  favor  of  it,  who  had  doubts  of  a  consti- 
tutional right  in  the  federal  government  to  expend  the  pub- 
lic monies  for  internal  improvements,  except  in  works  evi- 
dently of  great  national  benefit.  They  gave  it  their  sup- 
port from  the  consideration,  that  the  project  having  been 
commenced,  and  the  road  made  in  part,  it  was  proper  to 
complete  and  to  extend  it.  A  great  part  of  the  distance 
would  be  through  lands  belonging  to  the  government ;  and 
the  value  of  these  would  rise,  on  the  opening  of  the  road. 
This  project  has  been  very  expensive  to  the  government ; 
but  the  situation  of  the  country  th5n  called  for  such  a 
measure.  The  canal  and  a  railroad,  since  constructed,  to 
facilitate  the  intercourse  between  the  eastern  and  western 
parts  of  the  Union,  have  rendered  the  Cumberland  road 
less  important  than  it  appeared  to  be  when  first  under- 
taken. 

The  attention  of  the  national  legislature,  at  this  period, 
was  devoted  to  the  currency,  and  to  the  pressure  in  the 
monied  operations  in  the  community.  The  importation  of 
foreign  goods  had  been  to  a  very  large  amount,  and  great 
debts  incurred  in  Europe :  a  spirit  for  extensive  trading 
prevailed:  and  bank  paper  had  increased,  which  operated 
to  raise  the  price  of  articles,  and  at  the  same  time  led  to  a 
system  of  extended  credits,  which,  though  a  temporary  re- 
lief, soon  produced  much  embarrassment.  The  greatest 
evil,  perhaps,  was  the  multiplication  of  banks,  and  the 
increase  of  bills  issued  by  them.  One  disastrous  effect  was, 
the  suspension  of  specie  payment  by  many  banks  ;  which 
weakened  the  confidence  of  the  people  in  these  corporations. 
And  another  was,  that  specie  was  exported,  in  large  quan- 
ties,  to  pay  for  goods  imported  from  Europe  and  India. 

But  Congress  could  do  little  to  remedy  the  eviL     One    \ 
proposition  was,  to  issue  treasury  notes  to  a  large  amount,    J 
and  to  make  them  a  tender.     But  there  were  few  advocates 
for  such  a  measure.     It  was  opposed  as  not  being  warrant- 
ed by  the  Constitution ;  and  though  Congress  might  order 
a  large  issue  of  treasury  notes,  they  would  soon  depreciate ; 


266  FEDERAL  GOVERNMENT.  [1820 

and  be  little  better  than  the  paper  money  in  the  time  of  the 
Revolutionary  Avar.     Others  proposed,  in  order  to  furnish 
the  government  with  necessary  funds,  that  all  duties  arising 
from  imported  goods  should  be  paid  in  specie.     But  neither 
was  this   plan  approved  by  Congress.     It  was   also  pro- 
posed, at  the  same  session,  to  raise  the  duties  on  most  ar- 
ticles imported  from  foreign  countries;  as  this  would  in- 
crease the  amount  of  the  revenue,  and  at  the  same  time 
operate  in  favor  of  domestic  manufactures.     But  it  was  ob- 
jected, that  the  manufacturing  interests  were  already  suffi- 
ciently  encouraged — some,   indeed,   believed   unduly — al- 
ready ;  and  that  higher  duties  would  fail  to  produce  a  larger 
amount  of  revenue :  as  less  would  be  imported,  when  the 
duties  were  much  advanced,   and  that   smuggling  would 
probably  prevail  extensively,  to  the  injury  of  the  public 
morals  as  well  as  of  the  public  funds.     Repeated  and  zealous 
attempts  were  made  at  this  time,  to  grant  further  encour- 
agement  to   manufactures   in   the   country ;    and   several 
members  of  Congress  were  in  favor  of  the  bill  for  raising 
the  duties   on  cotton  goods,  iron,  cordage,  &c.  with  a  par- 
ticular view  to  the  manufacturing  interests.     The  bill  was 
adopted  in  the  House  of  Representatives  by  a  majority  of 
twenty,  after  various  efforts  to  alter  or  postpone  it ;  but  did 
not  receive  the  concurrence  of  the  Senate.     Some  members 
called  it  the  commerce-killing  bill;  and  some  complained 
that  the  interests  of  agriculture  were  wholly  disregarded  or 
injured.   It  was  also  opposed,  from  the  consideration  that  the 
revenue  from  imposts  would  be  so  diminished,  as  the  high 
duties  would  greatly  check  importations;  and  that  direct 
internal  taxes  to  a  great  amount  must  be  imposed.     A  prop- 
osition was  also  made  and  urged  in  Congress,  at  this  session, 
to  require  the  payment  of  duties  on  imported  articles,  with 
some  exceptions,  before  a  permit  should  be  given  to  land 
them,  unless  they  were  designed  for  exportation.     The  ar- 
ticles excepted,  were  such  as  were  in  common   use  among 
all  classes  of  people  ;   as  teas,  coffee,  salt,  molasses,  sugar, 
spices,  dye-stuffs,  and  medicines.     But  on  these,  if  the  du- 
ties did  not  exceed  one  hundred  dollars,  immediate  pay- 
ment was  also  to  be  made.     The  bill  was  rejected,  after 
long  and  repeated  debates,  by  a  vote  of  ninety-one  to  fifty- 
five.* 
The  evils  proposed  to  be  remedied  or  lessened  by  these 


*  This  bill  was  advocated  by  Clay  of  Kentucky,  McLean  of  Ohio,  Baldwin 
of  Pennsylvania,  and  others.  And  opposed  by  Lowndes  of  South  Carolina, 
Smith  of  Maryland,  and  many  others. 


1S20]  MONROE.,  267 

plans  presented  in  Congress,  were  believed,  however,  to  be 
chiefly  owing  to  overtrading,  and  to  the  great  issue  of  bills 
by  State  banks,  then  recently  established  beyond  all  former 
example.  A  spirit  for  banking  companies  prevailed,  and 
an  unusual  and  unnecessary  number  were  authorized  in 
almost  every  State  in  the  Union. .  The  country  was  flooded 
with  paper  money  of  this  sort ;  many  banks  were  unable 
to  redeem  their  bills  when  presented ;  and  the  most  disas- 
trous results  soon  followed.  But  it  was  not  within  the 
province  of  the  federal  legislature  to  apply  a  direct  and  ef- 
fectual preventive.  It  was  indeed,  a  question,  whether 
Congress  had  not  a  right  to  regulate  and  control  all  State 
bank  companies,  by  virtue  of  a  clause  in  the  Constitution, 
"  giving  them  power  to  coin  money,  and  to  regulate  the 
value  thereof."  Different  constructions  were  given  to  this 
clause  ;  and  the  State  legislatures  had  so  long  exercised  the 
power  of  creating  such  corporations,  without  any  objec- 
tions, that  it  was  judged  impolitic  to  interfere  with  them. 

During  this  session  of  Congress,  (in  March,  1S20,) 
Maine  and  Missouri,  were  admitted  into  the  Union,  as  sep- 
arate States,  with  all  the  rights  and  privileges  of  the  other 
States  which  composed  the  federal  government.  But  on 
the* question  of  admitting  Missouri,  a  proposition  was  offered 
that  involuntary  slavery  should  not  be  permitted  to  exist 
there;  which  gave  rise  to  long  and  very  warm  discussions, 
in  both  branches  of  the  national  legislature.  Slavery  had 
been  expressly  excluded  from  Ohio,  Indiana,  and  Illinois, 
by  acts  of  Congress,  on  their  admission  into  the  Union. 
But  that  restriction  was  by  virtue  of  an  ordinance  of  the 
former  Congress,  under  the  confederation,  prohibiting  the 
introduction  of  slavery  into  the  northwest  territory,  out  of 
which  these  States  were  formed.  Missouri  was  part  of  the 
Louisiana  territory,  purchased  of  France  in  1803.  And 
in  various  parts  of  that  extensive  territory,  slavery  then  and 
had  long  existed.  Louisiana  had  also  been  admitted  into 
the  Union  without  any  such  restriction  or  prohibition. 
The  States  of  Kentucky,  Tennessee,  Mississippi,  and  Ala- 
bama, admitted  into  the  Union,  as  separate  States,  pre- 
viously to  this  period,  were  made  subject  to  no  such  re- 
strictions ;  as  they  were  taken  from  States  in  which  slavery 
existed.  From  that  consideration  no  attempt  was  made 
in  Congress  to  restrict  these  States  in  this  respect.  And 
it  was  contended,  that  on  this  principle,  Missouri  should 
also  be  received,  without  requiring  as  a  condition  of  ad- 
mission, the  exclusion  of  slavery.  And  it  was  also  insisted, 
that  it  would  be  interfering  with  the  independent  character 


268  FEDERAL  GOVERNMENT.  [1820 

of  a  State,  to  enforce  any  such  restriction,  which  was  man- 
ifestly a  subject  of  regulation  by  the  State  authority.  On 
the  contrary,  it  was  urged,  that  in  the  old  States  the  sub- 
ject was  expressly  settled  by  the  Constitution,  and  Con- 
gress could  not  justly  interfere  in  those  States  ;  but,  that  it 
was  otherwise  with  new  States  received  into  the  Union  ;  in 
which  case  Congress  had  the  right  to  impose  such  restric- 
tions and  conditions  as  it  might  choose — that  it  was  evi- 
dently the  intention  of  the  old  Congress,  not  to  extend 
slavery,  having  prohibited  its  introduction  or  existence  in 
new  States  to  be  formed  out  of  the  northwest  territory  ;  and 
that  slavery  was  so  great  an  evil,  and  so  abhorrent  to  the 
principles  of  a  free  government,  that  it  should  be  abolished 
or  prohibited,  wherever  it  could  be  constitutionally  effected. 
The  majority  for  the  admission  of  Missouri  without  the  re- 
striction proposed,  though  long  and  ably  urged  by  many, 
was  quite  small ;  and  the  bill  for  the  purpose,  before  its  final 
passage  was  amended  by  adding  a  section  prohibiting,  in 
future,  the  existence  of  slavery  beyond  the  latitude  of 
thirty-six  degrees  and  thirty  minutes  north,  within  the 
United  States,  and  not  included  in  the  limits  of  the  said 
State  of  Missouri.* 

Some  members  of  Congress,  who  opposed  this  restriction, 
on  condition,  were  equally  desirous  of  preventing  the  ex- 
tension of  slavery  as  others ;  but  they  believed  the  prohibi- 
tion an  improper  interference  or  encroachment  on  State 
sovereignty  ;  and  that  it  was  as  proper  to  permit  it  in  this 
case,  as  in  the  States  formed  from  Virginia,  North  Carolina, 
or  Georgia. f  Far  the  greater  number  of  those  who  were 
in  favor  of  a  provision,  in  the  bill  for  the  admission  of  Mis- 
souri into  the  Union,  interdicting  slavery  therein,  ac- 
knowledged the  right  in  the  old  States  to  hold  slaves,  as 
recognized  in  the  Constitution.     They  held  that  instrument 

*  The  south  boundary  line  of  Missouri  is  in  this  latitude  ;  so  that  now 
slavery  cannot  be  allowed  in  a  new  State  which  may  be  formed  out  of  the  ter- 
ritory of  the  United  States  west  of  Missouri,  and  north  of  thirty-six  degrees 
and  thirty  minutes. 

t  Among  the  advocates  for  excluding  slavery  from  Missouri,  were  R.  King 
of  New  York,  Otis  of  Massachusetts,  Dana  of  Connecticut,  Sargent  and 
Hemphill  of  Pennsylvania.  Of  those  opposed  to  such  exclusion  were  Holmes 
of  Massachusetts,  Vandyke  and  McLane  of  Delaware,  Pinckney  of  Maryland, 
Randolph  and  Barbour  of  Virginia,  Lowndes  of  South  Carolina,  Clay  and 
Johnson  of  Kentucky.  The  vote  in  the  House  of  Representatives  was  sev- 
eral times  given  for  excluding  slavery;  but  the  Senate  disagreed,  and  would 
not  yield  to  the  House;  and  afterwards  the  House  yielded  to  the  opinion  of  the 
Senate,  and  by  four  majority  voted  in  favor  of  the  bill,  omitting  the  clause  of 
exclusion. 


1820]  MONROE.  269 

as  sacredly  obligatory  upon  Congress;  and  did  not  attempt 
to  interfere  with  the  subject  of  slavery  in  the  original  States. 
They  also  admitted,  that  when  one  of  the  old  States  was 
divided,  and  a  new  State  formed  by  a  part  of  it,  slavery 
could  not  properly  be  prohibited.  But  sincerely  disposed 
to  adopt  all  lawful  and  proper  means  to  prevent  its  increase, 
they  would  not  have  allowed  its  existence  in  a  State  formed 
from  a  territory,  not  within  the  United  States  when  the 
federal  Constitution  was  adopted. 

An  act  was  passed  by  Congress,  May,  1820,  by  which 
the  commissions  of  district  attornies,  collectors  of  the  cus- 
toms, naval  officers  and  surveyors,  navy  agents,  registers 
of  land  offices,  &c.  should  be  for  the  term  of  four  years 
only.  The  object  of  the  law  was  to  secure  the  prompt 
payment  of  public  monies  ;  which  previously,  in  many  in- 
stances, remained  a  long  time  in  the  hands  of  the  receiver, 
and  was  not  paid  into  the  treasury  of  the  United  States ; 
and  numerous  delinquencies  occurred  in  the  public  agents. 
A  law  for  the  purpose  of  insuring  prompt  payment  was 
passed  in  1817  ;  but  did  not  prove  a  sufficient  security. — 
And  it  was  believed,  that  the  limitation  of  the  commissions 
of  such  officers  would  induce  them  to  be  more  prompt  and 
careful  in  paying  over  the  public  funds,  which  came  into 
their  possession,  by  virtue  of  their  official  duties.  The 
opinion  of  Congress  was  thus  clearly  expressed,  that  a 
public  agent  and  receiver  of  the  public  revenue,  if  delin- 
quent, should  not  be  suffered  long  to  remain  in  office.  It 
would  have  been  a  great  saving  and  benefit  to  the  govern- 
ment, if  this  principle  had  been  strictly  observed  afterwards. 

Another  law  was  passed,  at  this  time,  for  the  same  object, 
the  security  of  the  public  funds;  being  for  the  "  better  or- 
ganization of  the  treasury  department,"*  It  provided  for 
the  appointment  of  a  new  officer  in  the  treasury  department, 
whose  duty  it  should  be  to  prosecute  delinquents  in  office, 
on  notice  of  their  default  from  the  comptroller. 

Two  important  bills,  before  Congress  in  the  course  of  this 
session,  one  for  establishing  an  uniform  act  of  bankruptcy, 
and  the  other  for  an  uniform  mode  of  choosing  electors  of 
President  and  Vice  President  of  the  United  States,  by  the 
people,  in  districts,  were  supported  by  several  members 
with  great  ability  and  zeal ;  but,  after  many  days  discus- 
sion, received  the  negative  of  the  majority.     The  members 

*  In  a  report  of  the  Secretary  of  the  Treasury,  at  this  time,  it  was  stated, 
that  nearly  a  million  and  half  of  dollars  had  been  lost  to  the  government,  by 
defaults  of  public  officers. 


270  FEDERAL  GOVERNMENT.  [1820 

from  the  northern  and  eastern  States  were  generally  in  favor 
of  a  bankrupt  law.  Those  from  the  south  and  west  parts 
of  the  Union  were  opposed  to  it.  They  apprehended  that 
much  fraud  would  be  practised  under  it,  and  that  creditors, 
who  were  often  working  people,  would  be  deprived  of  their 
just  dues. — The  proposition  to  amend  the  Constitution  so 
as  to  require  the  choice  of  Electors  to  be  directly  by  the 
people,  and  in  districts,  was  not  a  party  or  sectional  question ; 
but  there  appeared  an  unwillingness  in  the  majority  to  pro- 
pose such  an  alteration  to  the  States,  or  to  the  people.  It 
was  probably  the  intention  of  the  framers  of  the  federal 
compact,  that  each  State  should  decide  as  to  the  mode  of 
electing  the  few  persons  who  were  to  give  a  vote  in  this 
case,  and  thus  express  the  opinion  and  will  of  the  whole 
State.  Whether  these  persons  were  chosen  in  districts,  or 
by  a  general  ticket  throughout  a  State,  or  by  the  represen- 
tatives of  the  people  in  their  respective  legislative  assem- 
blies, the  spirit  and  letter  of  the  Constitution  would  be 
observed.  But  as  each  State  is  to  have  a  voice  in  the 
choice  of  President  and  Vice  President,  the  districting  system 
would  evidently  be  a  less  fair  and  full  expression  of  the 
will  of  the  majority  in  a  State,  than  a  choice  by  the  legis- 
lature, or  by  a  general  ticket.  In  either  of  the  two  last 
modes  of  appointing  Electors,  the  undivided  opinion  and 
will  of  the  majority  would  be  declared. 

During  this  Congress,  the  President  was  authorized  to 
borrow  the  sum  of  three  millions  of  dollars  for  the  public 
service;  it  having  been  stated  by  the  Secretary  of  the 
Treasury,  that  the  expenditures  would  probably  amount  to 
nearly  sixteen  millions,  and  that  there  might  be  expected 
.some  diminution  of  receipts  from  the  revenue.  The  expen- 
ditures for  the  civil  list  were  estimated  at  two  millions  and 
a  half ;  for  the  army,  including  provisions  and  instalments 
due  the  Indian  tribes,  ten  millions  and  three  hundred 
thousand  ;  for  the  navy  department,  two  millions  and  a 
.half;  and  for  miscellanies  and  contingences,  a  large  sum. 

The  navigation  act,  of  April,  1818,  was  considered,  and 
modified  so  as  to  prohibit  the  entrance,  info  ports  in  the 
United  States,  of  British  vessels  coming  from  Lower  Cana- 
da, New  Brunswick,  Nova-Scotia,  Newfoundland,  St.  Johns, 
Cape  Breton,  and  Bermuda,  as  well  as  from  other  ports 
within  the  dominions  of  Great  Britain,  in  the  West  Indies, 
or  South  America.  The  object  of  this  law  was  the  same 
as  of  that  passed  in  1S18,  only  extending  the  prohibition 
contained  in  the  latter.  Nor  was  it  designed  as  a  hostile 
act ;  but  as  a  measure  called  for  by  a  regard  to  the  interests 


1820]  MONROE.  271 

of  the  navigation  of  the  United  States  ;  and  in  the  expect- 
ation that  it  might  eventually  lead  to  the  adoption  of  more 
liberal  principles,  and  a  real  reciprocity  in   trade  between 
the  two  nations.     This   and  the  former   act  on  the  same 
subject  were  proposed  and  advocated  by  one  of  the  most 
distinguished    statesmen   in   Congress,   Mr.   King,   then  a 
Senator  from  New  York. — A  bill  was  passed  in  the  Senate 
by  a  small  majority  at  this  session,  respecting  the  boundary 
line  between  Indiana  and  Illinois,   but  was   opposed  by 
Mr.  King;  who  expressed  his  doubts  of  the  constitutional 
power  of  Congress  to  establish   the   boundaries   between 
sovereign  States  of  the  Union.     The  opinions  of  this  expe- 
rienced and  learned  statesman,  who  had  been  a  member 
of  the  old  Congress  from  Massachusetts,   and  one  of  the 
delegates  in  the  general  Convention,  1787,  for  forming  the 
federal  Constitution,   had  great  influence  in   the  Senate  : 
and  no  man  better  understood  the  nature  and  principles  of 
that  national   compact.     His  opinion  on  this   subject,  in 
later  times,  has  not  received  so  much  deference  and  re- 
spect.    How  far  the  individual  States  are  sovereign,  is  a 
difficult  question  to  solve,  in  some  cases  which  may  and 
have   occurred.      A  disposition   has   been   manifested,   in 
many  distinguished  politicians,  to  increase  the  power  of  the 
general   government,  and  to  curtail  that  of  the  State  au- 
thorities ;  and  yet  one  of  the  articles  appended  to  the  Con- 
stitution is,    "  that  the  powers  not  delegated  to  Congress 
nor  prohibited  to  the  States,  are  reserved  to  the  States  re- 
spectively." 

In  the  President's  message  to  Congress,  November,  1820, 
after  alluding  to  the  general  prosperity  and  the  auspicious 
prospects  of  the  United  States,  he  referred  to  the  recent 
partial  pressure  in  the  concerns  of  trade  and  finance  ;  which 
he  attributed,  in  some  measure,  to  changes  which  had 
taken  place  in  Europe,  but  more  to  the  great  amount  of 
the  circulating  medium,  by  unusually  large  issues  of  bank 
paper,  in  all  parts  of  the  United  States.  "  These,"  he  added, 
"  we  should  regard  in  the  light  of  instructive  admonitions; 
warning  us  of  dangers  to  be  shunned  in  future;  teaching 
us  lessons  of  economy,  corresponding  with  the  simplicity 
and  purity  of  our  institutions,  and  best  adapted  to  their 
support." 

At  this  time,  the  President  again  referred  to  the  situation 
of  the  Spanish  provinces  in  South  America ;  and  stated, 
that,  while  divisions  unfortunately  prevailed  in  Buenos 
Aycrs,  Venezuela  and  New-Grenada  had  gained  strength, 
and  acquired  reputation,  both  for  the  management  of  the 


272  FEDERAL  GOVERNMENT.  [1S20 

war,  in  which  they  had  been  successful,  and  for  the  order  of 
internal  administration.  Late  changes  in  the  government  of 
Spain  were  favorable  to  the  revolution  in  these  provinces ; 
and  the  authorities  in  the  latter  were  fully  resolved  to 
maintain  their  independence.  It  was  not  probable  that 
any  of  the  powers  in  Europe  would  take  part  in  the  contest 
between  Spain  and  her  colonies ;  and  that  an  adjustment 
was  expected  to  take  place  between  the  parent  govern- 
ment and  the  South  American  provinces.  It  was  the  hope 
of  the  administration  that  this  result  would  be  realized; 
and  that  it  would  not  be  proper  for  the  United  States  to 
interfere  in  the  present  contest. 

On  the  subject  of  the  public  debt  and  finances  of  the 
United  States,  the  President  informed  Congress,  that  the 
debt,  which  in  1815,  was  estimated  at  one  hundred  and 
fifty-eight  millions  of  dollars,  including  liabilities  then  not 
fully  ascertained,  had  been  much  reduced,  and  that  nearly 
sixty-seven  millions  of  this  had  been  paid  in  five  years,  be- 
sides the  annual  support  of  government,  and  large  expendi- 
tures for  the  army  and  navy,  for  fortifications,  and  for  the 
public  buildings  in  Washington.  The  receipts  into  the  trea- 
sury, for  the  year  1820,  from  all  sources,  were  nearly 
twenty  millions :  and  the  expenses  of  government  amounted 
to  seventeen  millions.  There  was,  at  that  period,  an  ex- 
tensive trade  with  foreign  countries,  and  the  importations 
were  very  great,  in  1819,  notwithstanding  the  increase  of 
domestic  manufactures.  The  products  of  the  East  and 
West  Indies  imported,  were  increased  with  the  population. 
The  duties  on  most  articles  were  high,  and  the  revenue 
therefore  much  augmented.  It  was  also  stated  in  the 
message,  that  there  was  then  due  to  the  government, 
for  the  sale  of  public  lands,  twenty-three  millions  of  dol- 
lars. 

At  this  session  of  Congress,  and  act  was  passed  for 
reducing  the  military  peace  establishment;  by  which  it 
was  provided,  that  there  should  be  seven  regiments  of 
infantry  and  four  regiments  of  artillery,  with  officers  for 
the  ordinance  and  engineering  departments.  This  was 
a  large  reduction  of  the  number  of  regiments  as  required 
by  former  laws.  The  sum  to  be  expended,  annually,  for 
the  navy  department,  was  also  reduced  from  one  million, 
authorized  by  a  law  in  1816,  to  five  hundred  thousand 
dollars. 


]821]  MONROE.  273 


CHAPTER  XI. 

Mr.  Monroe  elected  President,  for  a  Second  Term.  Inducted  into  office  March, 
1821.  His  Policy,  wise  and  economical.  His  devotion  to  the  Public 
Welfare.  His  regard  for  Constitutional  Principles.  His  faithful  attention 
to  the  National  Finances.  In  favor  of  Punctuality  and  Accountability  in 
Public  Officers;  and  Receivers  of  the  Funds  of  Government.  Negotiations 
with  England  and  Spain.  Difficulties  in  Florida.  Mexico — South  Ameri- 
can Provinces — Recognition  of — Proposals  to  send  Envoys  to  them — Not 
approved  by  President,  nor  by  Congress.  Prosperous  Condition  of  Public 
Treasury — Public  Debt  annually  diminished.  Internal  Improvements — 
Cumberland  Road.  Internal  Taxes  and  Excise  Acts  repealed.  State  of 
Missouri  Established.     Questions  of  Slavery — Prohibited  west  of  Missouri. 

In  March,  1821,  Mr.  Monroe  was  again  inducted  into 
office,  as  President  of  the  United  States,  for  the  term  of 
four  years,  the  period  for  which  he  was  first  elected  having 
then  expired.  His  election,  at  this  time,  was  with  far  more 
unanimity  than  had  been  manifested  in  the  choice  of  a 
Chief  Magistrate  of  the  Union,  after  the  presidency  of 
Washington.  He  had  dicovered  entire  devotion  to  the 
public  interests,  business  talents  and  habits,  good  judgment, 
great  political  moderation  and  candor,  and  a  strong  attach- 
ment and  high  regard  for  constitutional  principles.  It  was 
evidently  his  purpose  to  administer  the  affairs  of  the  fed- 
eral or  general  government  in  conformity  to  the  spirit  and 
intent  of  the  original  compact.  The  powers  given  to 
Congress,  or  to  the  President,  he  was  fully  disposed  to  have 
exercised  for  the  protection  and  welfare  of  the  whole 
country  :  at  the  same  time,  he  was  averse  from  assuming 
authority  on  subjects  not  clearly  within  the  province  of 
Congress,  and  ready  to  acknowledge  State  rights  to  all 
reasonable  extent,  as  reserved  to  them  expressly,  or  by 
evident  implication  of  the  Constitution. 

In  his  inaugural  address,  March,  1821,  the  President  re- 
ferred to  this  subject  in  a  very  concise  manner,  as  he  had 
fully  expressed  his  views  on  a  former  occasion.  "  Perfec- 
tion in  our  political  organization  could  not  have  been  ex- 
pected in  the  outset,  either  in  the  national  or  State  govern- 
ments, or  in  tracing  the  line  between  their  respective  powers. 
But  no  serious  conflict  has  arisen ;  nor  any  disputes,  but 
35 


274  FEDERAL  GOVERNMENT.  [1821 

such  as  are  managed  by  argument,  and  by  a  fair  appeal  to 
the  good  sense  of  the  people.     And  many  of  the  defects, 
which  experience  had  clearly  demonstrated,  in  both  gov- 
ernments, have  been  remedied.     By  steadily  pursuing  this 
course,  in  this  spirit,  there  is  every  reason  to  believe  that 
our  system  will  soon  attain  the  highest  degree  of  perfection 
of  which  human  institutions  are  capable;    and  that  the 
movement,  in  all  its  parts,  will  exhibit  such  a  degree  of 
order  and  harmony,  as  to  command  the  admiration  and  re- 
spect of  the  civilized  world."     Referring  to  the  internal 
condition  of  the  United  States,  he  observed,  "Under  the 
present  depression  of  prices,  affecting  all  the  productions 
of  the  country,  and  every  branch  of  industry,  proceeding 
from  causes  noticed  on  former  occasions,*  the  revenue  has 
considerably  diminished ;  the  effect  of  which  has  been  to 
compel  Congress  either  to  abandon  the  great  measures  for 
national  defence,  or  to  resort  to  loans,  or  to  internal  taxes, 
to  supply  the  deficiency.     On  the  presumption  that  this  de- 
pression and  the  deficiency  in  the  revenue  arising  from  it, 
would  be  temporary,  loans  have  been  authorized  for  the 
demands  of  the  last  and  present  year.     Anxious  to  relieve 
the  people  from  every  burden,  which  could  be  dispensed 
with,  and  the  state  of  the  treasury  permitting  it,  in  1817,  I 
recommended  the  repeal  of  the  internal  taxes;   knowing 
that  such  relief  was  then  peculiarly  necessary,  in  conse- 
quence of  the  great  exertions  made  during  the  late  war.     I 
made  that  recommendation  under  a  pledge,  that  should  the 
public  exigencies   require  a  recurrence  to  them,  I  would 
readily  perform  the  duty,  which  would  then  be  incumbent 
on  me.     By  the  experiment  now  making  it  will  be  seen  by 
the  next  session  of  Congress,  whether  the  revenue  shall 
have  been  so  augmented  as  to  be  adequate  to  all  these  ne- 
cessary purposes.     Should  the  deficiency  still  continue,  and 
especially,  should  it  be  probable  that  it  would  be  permanent, 
the  course  to  be  pursued  appears  to  me  to  be  obvious.     I 
am  satisfied,  that  under  certain  circumstances  loans  may 
be  resorted  to  with  great  advantage.     I  am  equally  well 
satisfied,  as  a  general  rule,  that  the  demands  of  each  cur- 
rent year,  especially  in  times  of  peace,  should  be  provided 
for  by  the  revenue  of  the  year.     I  have  never  dreaded, 
nor  have  I  ever  shunned,  in  any  situation  in  which  I  have 
been  placed,  making  appeals  to  the  virtue  and  patriotism 


*  These  were  foreign  commercial  regulations,  and  the  great  increase  of 
bank  issues. 


1821]  MONROE.  275 

of  my  fellow-citizens ;  well  knowing  that  they  would  never 
be  made  in  vain  ;  especially  in  times  of  great  emergency, 
or  for  purposes  of  high  national  importance.  Independent- 
ly of  the  exigency  of  the  case,  many  considerations  of  great 
weight  urge  a  policy  having  in  view  a  revision  of  revenue 
to  meet,  to  a  certain  extent,  the  demands  of  the  nation 
without  relying  altogether  on  the  precarious  resource  of 
foreign  commerce.  I  am  satisfied  that  internal  duties 
and  excises,  with  corresponding  imposts  on  foreign  articles 
of  the  same  kind,  would,  without  imposing  any  serious 
burdens  on  the  people,  enhance  the  price  of  produce,  pro- 
mote manufactures,  and  augment  the  revenue,  at  the  same 
time  that  they  made  it  more  secure  and  permanent." 

During  the  session  of  Congress,  which  closed  on  the  third 
of  March,  1821,  several  subjects  were  proposed  and  dis- 
cussed without  receiving  the  final  action  and  decision  of 
that  body.  Had  there  been  no  necessity  of  closing  the 
session  on  that  day,  and  had  the  legislature  been  continued 
some  weeks  longer,  several  important  measures  proposed 
would  probably  have  been  adopted.  A  bill  for  a  bankrupt 
law  was  before  Congress,  at  this  time,  as  well  as  on  several 
previous  occasions ;  and  was  fully  discussed.  There  were 
great  objections  made  to  it,  and  there  was  also  an  effort 
made  to  extend  it  to  other  classes  of  citizens,  as  well  as  to 
merchants,  and  thus  to  render  it  in  fact  an  insolvent  law. 
The  bill  was  adopted  in  the  Senate  by  a  respectable  ma- 
jority ;  but  its  progress  was  arrested  in  the  House  of  Rep- 
resentatives, by  laying  it  on  the  table,  where  it  was  suffered 
to  remain  till  it  was  too  late  to  act  upon  it ;  and  its  opposers 
had  the  address  to  let  it  repose  there  too  long  to  give  it  life. 

It  was  also  proposed  to  reduce  the  compensation  of  offi- 
cers of  the  customs  and  others  ;  and  to  fix  the  pay  at  the 
rate  it  was  before  1817  ;  but  nothing  decisive  was  done  on 
the  subject :  as  in  most  other  similar  cases,  it  was  found  far 
more  difficult  to  lessen  the  salaries  and  fees  of  public  offi- 
cers than  to  raise  them.  Renewed  efforts  were  also  made 
to  increase  the  duties  on  various  imported  articles,  to  en- 
courage domestic  manufactures.  A  member  from  Vermont, 
even  proposed  to  prohibit  the  importation  of  woollen  and 
cotton  goods,  hats,  leather,  glass,  distilled  spirits,  lead, 
iron,  &c.  but  the  proposition  was  approved  by  very  few ; 
and  yet  a  large  minority  were  in  favor  of  increasing  the 
rate  of  duties  on  imported  goods,  for  the  same  object,  to 
such  an  extent,  that  it  would  probably  have  operated  in  a 
great  measure  as  a  prohibition.     The  manufacturers  were 


276  FEDERAL  GOVERNMENT.  [1821 

not  satisfied  with  the  increase  of  impost  duties,*  before 
imposed  for  their  benefit,  and  pressed  strongly  for  farther 
aid  and  encouragement.  But  though  there  was  a  general 
opinion  favorable  to  domestic  industry  and  to  manufactures, 
which  induced  the  majority  to  acquiesce  in  the  support 
already  given  to  this  department  of  national  wealth,  there 
was  an  unwillingness  manifested  to  afford  it  any  greater 
direct  favor,  to  the  detriment  or  hazard  of  other  pursuits, 
whether  commercial  or  agricultural. 

The  proposition  was  again  discussed,  at  this  session,  of 
forming  a  political  intercourse  with  the  provinces  in  South 
America,  which  had  declared  their  independence  of  the 
crown  of  Spain,  so  far  as  to  send  an  Envoy  from  the  United 
States.  The  resolution  offered  and  pressed  by  several 
members  of  Congress,  was  for  making  an  appropriation  for 
an  outfit  for  such  an  Envoy,  and  for  one  year's  salary. — 
But  the  resolution  was  rejected.  The  following  resolution, 
however,  was  soon  after  proposed  for  adoption,  and  passed 
with  very  few  dissentients:  "  Resolved,  that  the  House  of 
Representatives  participates  with  the  people  of  the  United 
States,  in  the  deep  interest  which  they  feel  for  the  success 
of  the  Spanish  provinces  of  South  America,  which  are 
struggling  to  establish  their  liberty  and  independence." — 
And  a  further  resolution  was  also  voted  by  a  majority  of 
twenty-one  :  "  That  the  House  will  give  its  constitutional 
support  to  the  President  of  the  United  States,  whenever  he 
may  deem  it  expedient  to  recognize  the  sovereignty  and 
independency  of  any  of  the  said  provinces."  A  committee, 
chosen  for  the  purpose,  presented  these  resolutions  to  the 
President,  who  said,  that,  in  common  with  the  House  of 
Representatives,  he  felt  a  great  interest  in  the  success  of  the 
provinces  of  Spanish  America,  which  were  struggling  to 
establish  their  freedom  and  independence;  and  that  he 
would  take  the  resolutions  into  deliberate  consideration, 
with  the  most  perfect  respect  for  the  distinguished  body 
from  which  they  emanated. 

In  the  course  of  this  session  of  the  national  legislature, 
a  proposition  was  made  by  Mr.  Lowndes,  of  South  Carolina, 
against  receiving,  as  payment  of  dues  to  the  federal  govern- 
ment, the  bills  of  any  State  banks,  which  issued  those  of 
a  less  denomination  than  five  dollars ;  but  the  motion  did  not 
receive  the  support  of  the  majority.     It  was  also  proposed 

*  Some  manufacturers  of  cotton  goods,  in  Massachusetts,  declined  to  join  in 
an  application  for  any  higher  duty  on  imported  goods  of  that  kind.  They  be- 
lieved the  effect  would  be  to  induce  an  undue  portion  of  the  citizens  to  engage 
in  the  manufacture,  which  would  prove  injurious  to  the  business. 


1821]  MONROE.  277 

to  establish  a  national  system  of  education  by  funds  accru- 
ing from  the  sale  of  the  public  lands ;  but  this  proposition 
was  also  rejected.  Several  attempts  were  also  made,  at 
this  and  a  former  session,  to  pass  a  bill  for  preventing  im- 
prisonment for  debts  due  the  United  States,  or  on  any  pro- 
cess from  the  federal  courts  in  behalf  of  the  government. 
But  it  was  not  adopted  at  that  time,  on  account  of  the  pres- 
sure of  other  business  before  Congress.  Several  members 
appeared  desirous  of  a  retrenchment  of  the  public  expen- 
ditures; but  no  system  was  matured  for  that  purpose. 

A  warm  debate  arose  in  the  Senate,  at  this  time,  on  a 
motion  to  declare  the  sedition  law  of  1799  unconstitutional ; 
and  to  pay  back  the  fines  imposed  by  the  federal  courts  for 
violations  of  the  law.  A  resolution  was  offered  by  a  Sen- 
ator from  Virginia,  Mr.  Barbour,  to  that  effect ;  and  strongly 
urged,  but  it  failed  to  receive  the  sanction  of  the  majority. 
It  was  opposed  with  great  eloquence  by  a  Senator  from 
.Massachusetts,  Mr.  Otis ;  and  many  who  did  not  approve 
of  the  law  when  it  was  passed,  judged  it  improper  again  to 
agitate  the  subject,  as  the  act  had  already  expired.  Of 
forty-three  members  then  present  in  the  Senate,  twenty-four 
voted  against  the  resolution. 

The  subject  of  the  African  slave  trade  was  under  con- 
sideration, at  this  period,  by  the  British  ministry  and 
the  administration  of  the  United  States ;  in  which  there 
was  a  happy  agreement  of  opinion  and  promise  of  action, 
to  put  an  end,  if  possible,  to  this  inhuman  traffic.  Both 
governments  appeared  sincerely  desirous  of  preventing,  in 
all  practicable  ways,  the  continuance  of  a  trade  so  unjust 
and  cruel.  It  was  then  fully  ascertained,  that  the  business 
was  extensively  pursued ;  and  that  great  numbers  of  Afri- 
cans were  transported  in  chains  to  South  America,  and  to 
some  of  the  West  India  islands.  The  House  of  Represen- 
tatives expressed  their  opinion  on  the  subject,  in  a  resolution, 
"requesting  the  President  to  enter  into  such  arrangements 
as  he  might  deem  proper,  with  any  of  the  maritime  powers 
of  Europe,  for  the  effectual  abolition  of  the  African  slave 
trade." 

The  slave  trade  was  early  prohibited,  by  several  of  the 
British  colonies,  afterwards  composing  part  of  the  United 
States;  and  the  federal  compact,  adopted  in  1788,  gave 
Congress  no  authority  to  permit  that  disgraceful  traffic  after 
the  year  1808.  To  the  United  States,  therefore,  justly  be- 
longs the  merit  of  the  adoption  of  measures,  as  early  as 
any  nation,  to  prevent  the  continuance  of  a  practice  which 
is  as  inglorious  as  it  is  unnatural  and  cruel.     The  existence 


278  FEDERAL  GOVERNMENT.  [1821 

of  slavery,  in  places  where  it  has  been  long  found,  may  be 
tolerated,  oven  by  the  philanthropist,  from  considerations  of 
conventional  agreement,  or  of  the  evils  of  an  immediate 
abolition;  but  no  apology  can  be  offered  by  the  friends  of 
justice  and  humanity,  for  engaging  or  continuing  in  the 
slave  trade.  Yet  with  all  the  efforts  of  christian  govern- 
ments to  prevent  it,  so  strong  is  the  thirst  of  gold  in  individ- 
uals, that  it  has  not  been  wholly  suppressed.  A  few  citi- 
zens of  the  United  States,  where  so  great  stress  is  justly 
laid  on  freedom  and  the  rights  of  man,  were  then  and  have 
been,  at  a  later  period,  concerned  in  this  utterly  indefensible 
practice. 

In  his  message  to  the  seventeenth  Congress,  December, 
1821,  the  President  recommended  particular  attention  to  the 
state  of  commerce  with  foreign  nations.  He  expressed  a 
belief,  that  further  regulations  were  necessary,  to  secure  to 
the  United  States  all  the  advantages  which  the  extensive 
navigation  and  trade  of  the  country  demanded,  and  which 
it  seemed  entitled  to  realize  from  a  just  spirit  of  reciprocity 
in  other  governments.  Several  European  nations  imposed 
restrictions  on  American  commerce  and  navigation,  and 
the  federal  government  had  adopted  countervailing  regula- 
tions, in  some  cases,  in  self-defence.  But  the  friends  of 
free  trade  and  of  liberal  principles,  considered  such  a  state 
of  things  as  unpleasant  as  it  was  unprofitable. 

On  this  subject,  the  message  of  the  President  held  the 
following  language  :  "  By  an  act  of  March,  1815,  so  much 
of  the  several  acts  of  Congress  as  imposed  higher  duties  on 
the  tonnage  of  foreign  vessels,  and  on  the  manufactures  and 
productions  of  foreign  nations,  when  imported  into  the 
United  States,  were  repealed,  so  far  as  respected  the  man- 
ufactures and  productions  of  the  nation  to  which  snch  ves- 
sel belonged,  on  the  condition,  that  the  repeal  should  take 
effect  only  in  favor  of  any  foreign  nation,  when  the  execu- 
tive should  be  satisfied  that  snch  discriminating  duties,  to 
the  disadvantage  of  the  United  States,  had  likewise  been 
repealed  by  snch  nation.*'  By  this  act,  a  proposition  was 
made  to  all  nations,  to  place  onr  commerce  with  each,  on 
a  basis  which  it  was  presumed  would  be  acceptable  to  all. 
Every  nation  was  allowed  to  bring  its  manufactures  and 
products  into  our  ports,  and  to  take  the  manufactures  and 
productions  of  the  United  States  to  their  ports  in  their  own 
vessels,  on  the  same  conditions  that  they  might  be  trans- 
ported in  vessels  o(  the  United  States.  And,  in  return,  it 
was  required  that  a  like  accommodation  should  be  granted 
to  vessels  of  the  United  States  in  the  ports  of  other  countries. 


1821]  MONROE.  279 

The  articles  to  be  admitted,  or  prohibited,  on  either  side, 
formed  no  part  of  the  proposed  arrangement.     Each  party- 
would  retain  the  right  to  admit  or  prohibit  such  articles 
from  the  other,  as  it  thought  proper,  and  on  its  own  con- 
ditions.    When  the  nature  of  the  commerce  between  the 
United  States  and  other  countries  was  taken  into  view,  it 
was  believed  that  this  proposition  would  be  considered  fair, 
and  even  liberal,  by  every  other  power.     The  exports  of 
the  United  Slates  consist,  generally,  of  articles  of  the  first 
necessity  and  of  rude  materials  in  demand  for  foreign  manu- 
factories of  great  bulk,  requiring  for  their  transportation 
many  vessels,  the  return  for  which,  in  the  manufactures 
and  productions  of  any  foreign  country,  even  when  disposed 
of  there  to  advantage,  may  be  brought  in  a  single  vessel. — 
This   observation    is  more  especially  applicable  to  those 
countries  from  which  manufactures  alone  are  imported ; 
but  it  applies,  in  a  greater  extent,  to  the  European  domin- 
ions of  every  European  power ;  and  in  a  certain  extent  to 
all  in  the  colonies  of  those  powers.     By  placing,  then,   the 
navigation  precisely  on  the  same  ground,  in  the  transpor- 
tation of  exports  and  imports,  between  the  United  States 
and  other  countries,  it  was  presumed,  that  all  was  offered 
which  could  be  desired.     Many  considerations  gave  us  a 
right  to  expect  that  this  commerce  should  be  extended  to 
the  colonies  as  well  as  to  the  European  dominions,  of  other 
powers.     With  the  latter,  especially  with  countries  exclu- 
sively manufacturing,   the  advantage  was  manifestly  on 
their  side.     An  indemnity  for  that  loss  was  expected  from  a 
trade  with  the  colonies  ;  and,  with  the  greater  reason,  as  it 
was  known,  that  the  supplies  which  the  colonies  derived 
from  us  were  of  the  highest  importance  to  them  ;  their  labor 
being  bestowed  with  so  much  greater  profit  in  the  culture 
of  other  articles  ;  and  because  the  articles  of  which  those 
supplies  consisted,  forming  so  large  a  proportion  of  the  ex- 
ports of  the  United  States,  were  never  admitted  into  any 
of  the  ports  of  Europe,  except  in  cases  of  great  emergency, 
to  avert  a  serious  calamity.     When  no  article  is  admitted, 
which  is  not  required  to  supply  the  wants  of  the  party  ad- 
mitting it ;  and  admitted  then,  not  in  favor  of  any  particular 
country,  to  the  disadvantage  of  others,  but  on  conditions 
equally  applicable  to  all,  it  seems  just  that  the  articles  thus 
admitted  and  invited,  should  be  carried  thither  in  the  ves- 
sels of  the  country  affording  such  supply ;  and  that  the 
reciprocity  should  be  found  in  a  corresponding  accommoda- 
tion on  the  other  side.     By  allowing  each  party  to  partici- 
pate in  the  transportation  of  such  supplies,  on  the  payment 


280  FEDERAL  GOVERNMENT.  |"1821 

of  equal  tonnage,  a  strong  proof  was  afforded  of  an  ac- 
commodating spirit.  To  abandon  to  it  the  transportation 
of  the  whole,  would  be  a  sacrifice  which  ought  not  to  be 
expected.  The  demand,  in  the  present  instance,  would  be 
the  more  unreasonable,  in  consideration  of  the  inequality 
existing  in  the  trade  with  the  parent  country. 

"  Such  was  the  basis  of  our  system,  as  established  by  the 
act  of  1815,  and  such  was  its  true  character.  In  the  year 
in  which  this  act  was  passed,  a  treaty  was  made  with 
Great  Britain,  in  strict  conformity  with  its  principles,  in 
regard  to  her  European  dominions.  To  her  colonies,  how- 
ever, in  the  West  Indies  and  on  this  continent,  it  was  not 
extended  :  the  British  government  claiming  the  exclusive 
supply  of  those  colonies,  and  even  from  our  own  ports,  and 
the  productions  of  the  colonies  in  return,  in  her  own  vessels. 
To  this  claim,  the  United  States  could  not  assent ;  and,  in 
consequence,  each  party  suspended  the  intercourse  in  the 
vessels  of  the  other,  by  a  prohibition,  which  still  exists. 

"  The  same  conditions  were  offered  to  France,  but  were 
not  accepted.  Her  government  has  demanded  other  con- 
ditions, more  favorable  to  her  navigation,  and  which  should 
also  give  extraordinary  encouragement  to  her  manufactures 
and  productions  in  the  ports  of  the  United  States.  To 
these  it  was  thought  improper  to  accede ;  and,  in  conse- 
quence, the  restrictive  regulations,  which  had  been  adopted 
on  her  part,  being  countervailed  on  the  part  of  the  United 
States,  the  direct  commerce  between  the  two  countries,  in 
the  vessels  of  each  party,  has  been  in  a  great  measure  sus- 
pended. It  is  much  to  be  regretted,  that,  although  a  nego- 
tiation has  been  long  pending,  such  is  the  diversity  of  views 
entertained  on  the  various  points,  which  have  been  brought 
into  discussion,  that  there  does  not  appear  to  be  any  reas- 
onable prospect  of  its  early  conclusion." 

This  correct  though  concise  statement  of  the  embarrass- 
ments attending  the  commerce  and  navigation  of  the  United 
States,  and  of  the  evils  consequent  to  a  departure  from  the 
principles  of  free  trade,  and  of  a  fair  reciprocity  in  com- 
mercial intercourse,  indicated  alike  the  fidelity  of  the  Pres- 
ident in  the  discharge  of  his  high  duties  to  the  nation,  and 
his  comprehensive  views  on  the  subject  referred  to.  A 
monopolizing  spirit  was  evident  in  the  commercial  regula- 
tions of  most  European  powers ;  and  it  was  necessary  for 
the  government  of  the  United  States  to  adopt  restrictive 
measures  of  a  countervailing  character.  At  the  same  time 
a  desire  was  manifested,  both  by  the  executive  and  by  Con- 
gress, to  maintain  an  intercourse,  for  trade  and  navigation. 


1821]  MONROE.  281 

on  less  restrictive  and  more  liberal  principles.  An  act  was 
passed,  early  in  1822,  in  addition  to  the  navigation  act  of 
April,  1818,  authorizing  the  President,  on  evidence  that  the 
ports  in  the  islands  and  colonies  of  Great  Britain,  in  the 
West  Indies,  were  opened  to  the  vessels  of  the  United  States, 
to  proclaim  that  the  ports  of  the  United  States  thereafter, 
would  be  open  to  the  vessels  of  Great  Britain  employed  in 
the  trade  between  the  United  States  and  such  islands  and 
colonies,  which  had  then  been  closed  to  them  for  several 
years,  as  a  means  of  countervailing  British  restrictive  meas- 
ures— subject,  however,  to  such  reciprocal  rules  and  restric- 
tions as  the  executive  of  the  United  States  might  ordain 
and  publish.  It  was  also  provided,  by  the  same  act  of 
Congress,  that  if  a  convention  should  be  concluded  with 
France,  relating  to  navigation  and  commerce  between  that 
country  and  the  United  States,  the  President  should  have 
power  to  proclaim  a  suspension,  till  the  following  session  of 
Congress,  of  the  operation  of  a  former  act  imposing  new 
tonnage  duties  on  French  vessels  ;  which  had  been  ordered 
subsequently  to  the  monopolizing  regulations  of  that  gov- 
ernment. The  countervailing  measures  adopted  in  1820, 
by  the  federal  government,  with  respect  to  France,  induced 
the  latter  to  conclude  a  commercial  treaty,  in  October,  1822, 
after  a  long  period  of  delay  and  evasion  of  the  subject ;  and 
by  this  convention  an  entire  equality  of  duties  was  estab- 
lished, and  principles  of  just  reciprocity  were  recognized. 

In  1821,  Congress  provided  for  occupying  and  governing 
Florida,  and  gave  the  President  authority  for  that  purpose, 
to  be  executed  according  to  his  direction.  He  appointed 
General  Andrew  Jackson  governor,  with  discretionary 
powers,  over  the  whole  territory ;  two  judges,  one  in  the 
eastern  section,  and  one  in  the  western  ;  with  other  neces- 
sary subordinate  officers.  Difficulties  of  a  serious  nature 
early  occurred,  which  gave  the  President  much  concern, 
and  which  he  noticed  in  his  public  message  to  Congress  at 
this  time.  The  Spanish  officers,  when  they  surrendered 
the  forts  and  places  which  they  had  occupied,  refused  to 
give  up,  to  the  officer  of  the  United  States,  "  the  archives 
and  documents  relating  to  the  property  and  sovereignty  of 
the  province,"  which  was  the  occasion  of  much  perplexity 
and  controversy  afterwards,  as  to  titles  of  lands,  and  to  the 
usages  and  customs  of  the  inhabitants,  which  the  treaty 
of  cession  required  the  United  States  to  maintain  and  ob- 
serve. An  unhappy  dispute  also  arose  between  the  Gov- 
ernor and  one  of  the  Judges  of  the  territory,  as  to  their 
peculiar  and  respective  authority.  The  Governor  claimed 
36 


282  FEDERAL  GOVERNMENT.  [1821 

to  exercise  supreme  and  controlling  power  in  all  cases. 
He  had  been  accustomed  to  military  command,  and  adopt- 
ed the  principle,  applicable  only  in  an  army,  of  governing 
all  other  officers  at  his  own  will  and  discretion.  But  he 
was  now  acting  in  a  civil  capacity,  and  he  had  no  right  to 
interfere  with  the  conduct  or  decisions  of  the  Judiciary. 
His  treatment  of  one  of  the  Judges  was  deemed  highly 
reprehensible  ;  but  the  President  excused  it,  from  the  con- 
sideration of  the  difficulties  attending  the  due  government 
of  the  territory,  where  the  laws  of  the  United  States  were 
to  have  effect,  in  some  measure,  while  Spanish  customs 
and  regulations  were  also  to  be  observed.  The  conduct  of 
the  Governor  was  deemed  arbitrary,  and  of  dangerous  ten- 
dency ;  but  his  motives  were  believed  by  the  President  to 
be  honorable  and  patriotic.  The  Governor  ordered  an  ex- 
Spanish  officer  to  be  arrested  for  alleged  contumely ;  and 
the  Judge  granted  a  writ  of  habeas  corpus,  on  an  applica- 
tion from  the  officer,  which  gave  offence  to  the  Governor, 
who  considered  it  an  improper  interference  with  his  orders, 
if  not  in  direct  derogation  and  opposition  to  his  authority. 
The  case  of  the  Spanish  officer  was  then  pending  before 
the  Governor ;  and  he  had  some  reason,  perhaps,  to  com- 
plain of  the  conduct  of  the  Judge  ;  who  did  indeed  hesitate 
as  to  the  course  his  duty  and  office  required  of  him.  Gen- 
eral Jackson  soon  after  resigned  his  commission  as  Governor 
of  Florida ;  when  he  publicly  declared  that  he  had  been 
clothed  with  greater  power  by  the  President,  than  any  in- 
dividual ought  to  have  in  a  republic.  The  authority  given 
him  seems  to  have  been  as  unlimited  as  that  vested  in  the 
Governor  General  of  the  provinces  of  Canada,  by  the 
British  government,  at  a  more  recent  period. 

President  Monroe  gave  great  attention  to  the  fiscal  con- 
cerns of  the  United  States.  When  he  entered  on  the  office 
of  chief  magistrate  of  the  Union,  in  1817,  the  national  debt 
was  very  large  ;  the  war  just  before  terminated,  had  greatly 
augmented  it.  And  there  were  numerous  defalcations  by 
public  agents,  during  that  period,  who  had  the  funds  of  the 
nation  in  their  hands.  He  early  recommended  a  reform  in 
this  respect,  and  proposed  that  the  receivers  of  public  monies 
should  statedly  and  frequently  be  required  to  settle  their 
accounts.  He  also  urged  economy  in  the  public  disburse- 
ments, where  appropriations  were  made  by  Congress  for 
necessary  works.  Much  was  saved  to  the  government, 
by  his  prudent  and  faithful  administration.  And  he  was 
careful  always  to  inform  the  Representatives  of  the  people 
what  was  the  state  of  the  public  treasury,  what  the  amount 


1821]  MONROE.  283 

of  revenue  on  the  one  hand,  and  of  expenditures  on  the 
other.  At  this  time,  he  stated,  that  the  loan  of  five  mil- 
lions, previously  authorized  by  Congress,  had  been  effect- 
ed. The  increase  of  the  public  debt  in  1821,  however, 
was  over  a  million  of  dollars,  with  all  the  care  bestowed 
on  the  subject ;  and  this  was  owing  in  part  to  the  purchase 
of  Florida.  The  receipts  into  the  public  treasury  amounted 
to  twenty-one  millions,  and  the  expenditures  to  upwards 
of  nineteen  millions  :  but  appropriations  for  public  works, 
to  the  amount  of  more  than  a  million,  had  not  been  ex- 
pended. The  whole  public  debt,  at  that  period,  was  esti- 
mated at  one  hundred  and  five  millions.  In  1822  and 
1823,  the  receipts  increased,  and  the  expenditures  were 
curtailed ;  the  latter  was  justly  attributed  to  the  faithful 
admonitions  of  the  President,  and  the  attention  and  ability 
of  the  Secretary  of  the  Treasury,  Mr.  Crawford. 

The  President,  on  this  occasion,  again  referred  to  the 
subject  of  domestic  manufactures,  and  expressed  an  opinion 
in  favor  of  continuing  the  protection  of  government  to  that 
branch  of  national  industry.  The  effect  of  their  great  ex- 
tension, he  said,  might  perhaps  be  a  diminution  of  the  rev- 
enue arising  from  imports ;  but  at  the  rate  of  duties  then 
existing,  this  evil  would  not  be  severely  felt,  as  there  were 
other  sources  of  revenue.  And  he  therefore  suggested  the 
policy  of  "  a  moderate  additional  duty  on  some  articles." 
The  high  duties  afterwards,  in  1828,  imposed  by  Congress, 
for  the  benefit  of  manufacturers,  he  would  probably  never 
have  sanctioned.  For  though  a  friend  to  manufactures, 
he  was  in  favor  of  agriculture,  as  the  most  essential  foun- 
dation of  general  prosperity,  and  therefore  to  be  protected 
from  any  measures  or  policy  which  would  depress  it.  Mr. 
Monroe  was  not  a  rash  politician,  nor  fond  of  experiments, 
and  the  tariff  of  1828  would  hardly  have  been  adopted  un- 
der his  administration. 

The  acts  of  Congress  at  this  session  were  not  of  special 
or  extensive  influence ;  but  various  laws  were  proposed, 
which  exhibit  the  views  and  opinions  of  a  portion  of  the 
national  legislature  on  subjects  of  a  public  nature.  The 
most  important  general  laws  were  for  a  new  apportionment 
of  federal  representatives  for  the  several  States,  according 
to  the  census  taken  the  preceding  year.  This  subject  oc- 
cupied the  attention  of  Congress  several  days,  at  different 
periods  of  the  session  ;  and  various  propositions  were  offered, 
as  to  the  ratio,  according  to  which  the  members  were  to  be 
chosen.  The  number  adopted  was  forty  thousand,  after 
several  attempts  were  made,  to  have  both  a  less  and  a 


284  FEDERAL  GOVERNMENT.  [1821 

greater  number  as  the  ratio.  The  members  from  each 
State  were  anxious  to  have  the  ratio  so  settled,  as  that  the 
State  to  which  they  belonged  might  have  as  small  a  frac- 
tion in  excess  as  possible.  The  Constitution  provided, 
"  that  the  number  of  Representatives  should  not  exceed 
one  for  every  thirty  thousand ;  "  and  this  was  the  only 
limitation  it  required.  Such  was  the  ratio  for  several 
years ;  but  the  population  of  the  country  had  greatly  in- 
creased, and  there  was  a  general  desire  to  prevent  a  very 
large  House  of  Representatives. 

A  territorial  government  was  established  in  Florida,  and 
an  act  was  passed  for  the  preservation  of  timber  belonging 
to  the  United  States  in  that  territory.  Provision  was  made 
for  receiving  subscriptions  to  a  loan  of  twenty-six  millions 
of  dollars,  at  five  per  cent,  in  exchange  for  stock  then 
bearing  an  interest  at  six  and  seven  per  cent.  An  act  was 
also  passed,  at  this  session,  providing  that  no  treasury 
notes  should  be  received  in  payment,  on  account  of  the 
United  States,  or  paid  or  funded,  except  at  the  national 
treasury :  And  an  act  for  extending  the  time  of  payments 
due  from  purchasers  of  public  lands  in  the  west  and  north- 
west parts  of  the  Union.  The  compensation  to  collectors 
and  other  officers  of  the  customs  was  regulated  anew,  and 
changes  made  in  the  collection  districts,  for  the  purpose  of 
rendering  their  several  incomes  more  equal,  with  reference 
to  the  services  they  had  to  perform. 

The  subject  of  a  general  bankrupt  law  was  again  de- 
bated, and  occupied  much  of  the  time  of  this  Congress. 
A  large  minority  in  the  House  of  Representatives  was 
urgent  in  its  favor,  but  the  objections  were  numerous,  and 
several  different  bills  were  offered  ;  but  they  were  rejected, 
and  the  original  bill  was  voted  down,  by  ninety-nine  to 
seventy-two  votes.  It  was  not  a  party  vote,  but  the  Rep- 
resentatives from  commercial  States  generally  supported 
the  bill,  and  those  from  the  interior  of  the  country  opposed 
it  The  arguments  offered  were  similar  to  those  presented 
several  years  before,  when  this  subject  was  before  Con- 
gress. 

A  proposition  was  made,  and  pressed  by  some  members, 
particularly  from  Vermont  and  Pennsylvania,  to  raise  the 
duties  on  imported  cotton  and  woollen  goods,  for  the  pur- 
pose of  further  encouragement  to  domestic  manufactures ; 
but  the  committee,  to  which  the  subject  was  referred,  re- 
ported that  any  additional  legislation  was  not  expedient. 
The  subject  excited  peculiar  attention  and  interest  at  that 
time,  through  all  parts  of  the  United  States.     The  manu- 


1821]  MONROE.  285 

facturers  urged  their  claims  to  protection,  with  great  zeal 
and  pertinacity ;  and  stated  the  advantages  to  arise,  in  a 
national  view,  from  the  extension  of  manufactures  within 
the  United  States ;  especially  as  to  cotton  and  Woollen  cloths, 
which  were  then  largely  imported  into  the  country  ;  and 
tended,  as  they  represented,  to  impoverish,  or  greatly  retard 
the  prosperity  of  the  nation.  Members  of  Congress  from 
the  southern,  and  from  some  of  the  eastern  States,  at  that 
time  were  opposed  to  an  increase  of  the  tariff  of  duties  on 
imported  goods  merely  to  benefit  the  manufacturers  in  the 
United  States ;  in  the  belief  that  the  protection  previously 
afforded  was  sufficient ;  and  that  a  higher  rate  of  duties 
would  operate  unequally  on  different  classes  and  portions 
of  the  community. 

A  call  was  made,  during  this  session  of  Congress,  on  the 
President  by  the  House  of  Representatives,  after  some  ob- 
jections and  delay,  for  the  instructions  given  to  General 
Andrew  Jackson,  as  governor  of  Florida,  appointed  two 
years  before,  and  for  the  correspondence  between  him  and 
the  Secretary  of  State  of  the  United  States,  relating  to  his 
conduct,  while  in  command  in  that  territory.  The  Presi- 
dent readily  communicated  the  papers  requested,  frankly 
stating,  that  he  wished  not  to  withhold  any  information  on 
the  subject.*  It  was  objected  to  the  call  for  these  papers, 
that  it  was  a  case  belonging  exclusively  to  the  executive  ; 
but  it  was  urged,  in  reply,  that,  as  the  common  reports  were, 
the  conduct  of  Governor  Jackson  had  been  very  arbitrary  and 
unjustifiable  ;  that  the  President  had  no  right  to  give  him  the 
power  which  he  had  exercised  ;  and  that  the  honor  of  the 
government  required  an  expression  of  censure  or  disapproba- 
tion, if  the  Governor's  conduct  should  appear  to  be  such  as 
had  been  represented.  Several  members  were  opposed  to  a 
public  and  formal  censure,  (though  none  fully  justified  all 
his  proceedings,)  on  the  ground  that  he  had  unlimited 
power  given  him  by  the  President;  while  others  contended, 
that  this  consideration  afforded  no  just  excuse  for  some 
parts  of  his  conduct,  which  was  unreasonably  arbitrary  and 
oppressive..  The  President  disavowed  some  of  his  acts, 
and  ordered  the  release  of  individuals,  whom  General 
Jackson  had  confined,  and  the  restoration  of  private  papers 
which  he  had  retained.     General  Jackson  had  resigned  his 

*  "  Deeming  it  more  consistent  with  the  principles  of  our  government,"  he 
observed,  "  in  cases  submitted  to  my  discretion,  as  in  the  present  instance,  to 
hazard  error  by  the  freedom  of  the  communication,  rather  than  by  withholding 
any  portion  of  information,  I  have  thought  proper  to  communicate  every  doc- 
ument comprised  within  the  call." 


286  FEDERAL  GOVERNMENT.  [1822 

office  as  Governor  of  Florida  before  this  subject  wa? 
agitated  in  Congress,  which  was  one  reason,  with  the  ma- 
jority, for  not  adopting  any  report  or  resolution  relative  tc 
his  official  conduct. 

In  accordance  with  the  recommendation  of  the  President, 
a  resolution  was  offered  in  the  House  of  Representatives, 
January,  1822,  for  recognizing  the  independence  of  Mexico, 
and  five  provinces  in  South  America,  formerly  under  the 
authority  of  Spain,  which  had  then  recently  declared  them- 
selves to  be  independent  Republics,  and  were  exercising 
the  powers  of  self-government.  The  whole  Cabinet  agreed 
with  the  President  in  favor  of  the  measure ;  and  the  reso- 
lution was  adopted  in  the  House  of  Representatives  with 
only  one  dissenting  vote.  The  sum  of  one  hundred 
thousand  dollars  was  placed  at  the  disposal  of  the  President, 
to  defray  the  expenses  of  Envoys  to  those  Republics  when 
he  should  consider  it  proper  to  commission  them.  Soon  after 
this  expression  of  opinion  by  the  representatives  of  the 
people  in  favor  of  acknowledging  the  independence  of  Mex- 
ico, and  of  several  provinces  in  South  America,  the  Presi- 
dent appointed  Envoys  to  most  of  them;  by  which  the 
readiness  of  the  federal  government  was  manifested,  to  be 
on  friendly  terms  with  those  new  republics,  and  to  make 
arrangements  for  commercial  intercourse.  In  other  cases, 
and  with  reference  to  old  established  governments,  the 
President  would  have  been  justified  in  the  appointment  of 
public  agents,  without  the  previous  assent  of  Congress;  the 
attributes  of  the  supreme  executive  being  supposed  to  in- 
clude such  authority.  But  in  the  present  instance,  at  once 
novel  and  delicate,  it  was  important  to  have  the  deliberate 
opinion  of  the  other  branch  of  government,  in  support  of 
such  a  measure.  Mr.  Monroe  was  not  disposed,  as  some 
of  his  successors  have  been,  to  assume  any  doubtful  powers, 
or  to  act  in  an  arbitrary  manner  on  his  own  responsibility, 
where  the  Constitution  did  not  clearly  authorize  it. 

A  proposition  was  made  in  the  Senate,  at  this  session,  by 
a  member  from  Kentucky,  Mr.  Johnson,  for  an  additional 
article  to  the  Constitution,  giving  to  the  Senate  appellate 
jurisdiction  in  cases  and  questions  decided  by  the  Supreme 
Court  relating  to  State  sovereignties ;  particularly  in  dis- 
putes about  boundaries  between  separate  States.  It  was 
opposed  by  Mr.  Otis,  one  of  the  senators  of  Massachusetts ; 
and  very  few  members  of  the  Senate  appeared  in  favor  of 
the  proposition.  The  principal  objection  was,  that  it  would 
be  giving  judicial  powers  to  a  branch  of  the  legislature.  If 
such  disputes  oould  not  be  settled  by  mutual  reference,  it 


1822]  MONROE.  287 

was  believed  that  the  proper  tribunal  to  decide  was  the 
Supreme  Court  of  the  United  States.  Such  a  course  was 
evidently  most  agreeable  to  the  character  and  spirit  of  the 
Constitution. 

A  bill  was  passed  by  Congress,  again  at  this  time, 
making  an  appropriation  for  continuing  and  completing  the 
Cumberland  road  ;  but  the  President  gave  it  his  negative, 
and  stated  his  reasons  for  not  approving  it,  which  related 
chiefly  to  the  want  of  an  express  or  strongly  implied  power 
in  the  Constitution,  to  expend  the  public  funds  for  such  an 
object.  The  objection  of  the  President  to  such  an  appro- 
priation, was  no  doubt  founded  in  his  honest  convictions. 
He  was  opposed  to  the  enlarged  construction  of  the  Con- 
stitution, contended  for  by  those  in  favor  of  internal  im- 
provements, and  who  believed  in  the  controlling  authority 
of  the  federal  government  in  cases  even  where  power  was 
not  expressly  delegated.  The  President  was  more  in  favor 
of  State  rights,  or  State  sovereignties,  in  cases  where  au- 
thority was  not  clearly  granted  to  Congress ;  and  held 
to  the  more  strict  construction  of  the  federal  compact,  in 
its  grants  of  powers  to  the  general  government.  The  ma- 
jority of  Congress,  at  that  period,  was  not  sufficiently  large 
to  pass  the  bill,  after  the  President  withheld  his  assent. 

The  message  of  the  President  to  Congress,  at  the  opening 
of  the  session,  December,  1822,  was  looked  for  with  more 
than  ordinary  interest.  The  public  communications  of  Mr. 
Monroe  were  written  in  a  plain  and  simple  style,  and  with 
much  explicitness ;  entirely  free  from  the  equivocal  lan- 
guage too  often  used  in  similar  papers,  in  old  governments,* 
and  sometimes  in  America.  It  was  stated  in  the  message, 
that  the  existing  laws  of  Congress  regulating  the  internal 
concerns  of  the  United  States,  would  acquire  comparatively 
little  attention  or  alteration  ;  and  that  they  were  fitted  gen- 
erally to  secure  the  welfare  and  prosperity  of  the  nation. 
The  fiscal  affairs  of  the  government  were  fully  explained, 
for  the  consideration  of  Congress,  that  such  farther  enact- 
ments might  be  adopted,  as  should  appear  necessary  for  the 
support  of  public  credit,  the  payment  of  the  national  debt, 
and  the  prompt  settlement  of  accounts  by  the  agents  of  the 
government.  The  public  finances  were  in  a  more  prosper- 
ous state  than  had  been  calculated  at  the  beginning  of  the 
year.     The  amount  of  duties  for  the  year  1822,  was  nearly 


*  When  the  treaty  for  the  cession  of  Louisiana  by  France  to  the  United 
States  was  drawn  up,  Napoleon  is  reported  to  have  said  to  his  minister,  who 
prepared  it,  <s  If  it  is  not  obscure  and  equivocal,  take  care  to  make  it  so." 


288  FEDERAL  GOVERNMENT.  [1822 

twenty-three  millions  of  dollars  ;  and  the  receipts  into  the 
treasury  such,  as  to  leave  a  balance  of  three  millions,  after 
defraying  the  usual  expenses  of  the  government,  and  the  re- 
demption of  the  stock  of  1820,  to  the  amount  of  two  millions.* 
The  unsettled  accounts,  in  1817,  as  stated  by  the  President, 
were  upwards  of  one  hundred  millions  of  dollars.  In  Sep- 
tember, 1822,  ninety-three  millions  of  this  amount  had  been 
settled.  And  it  was  owing  to  the  pressing  admonitions  and 
the  faithful  attention  of  the  President,  that  the  accounts  of 
the  public  officers  were  so  generally  adjusted.  There  were, 
however,  still  unsettled  accounts  exceeding  nine  millions. 
During  the  period,  from  1817  to  1822,  in  about  five  years, 
one  hundred  and  fifty-seven  millions  had  been  paid  for  the 
support  of  government,  for  fortifications,  army,  navy,  &c. 
including  a  large  amount  of  the  national  debt,  which  had 
been  discharged.  Prom  1817,  including  the  former  sum 
deficient  or  unsettled  at  that  time,  the  accounts  remaining 
to  be  settled  at  the  close  of  1821,  exceeded  nineteen  mil- 
lions. In  a  government  so  extensive  and  with  such  a  pop- 
ulation, as  the  United  States  in  1822,  it  could  not  be 
avoided,  that  many  and  large  amounts  would  be  unsettled 
for  one  or  two  years.  But  it  is  a  great  detriment  and  a 
great  evil  in  a  republic.  Mr  Monroe  was  fully  sensible  of 
the  evil,  and  endeavored  to  remove,  or  prevent  it  in  future. 
But  either  from  the  difficulty  attending  the  fiscal  concerns 
of  so  extensive  a  country,  and  such  numerous  appropria- 
tions for  public  purposes,  or  the  want  of  care  and  fidelity 
in  the  higher  functionaries  of  the  federal  government,  the 
evil  has  greatly  increased  since  his  admmistration.f 

The  subject  of  manufactures  was  again  mentioned  by 
the  President,  in  his  message  to  Congress  at  this  time. 
And  he  expressed  the  opinion,  that,  although  this  branch 
of  domestic  industry  and  enterprise  was  in  a  prosperous 
state,  "  a  further  augmentation  of  duties  on  some  foreign 

*  According  to  a  report  of  the  Secretary  of  the  Treasury,  the  imports  for 
1821,  amounted  to  sixty-two  and  a  half  millions  of  dollars  ;  and  the  exports  to 
sixty-five  millions.  The  imports  in  American  vessels  fifty-eight  millions  ;  of 
the  exports,  forty-eight  millions  were  of  the  growth  or  manufacture  of  the 
United  States. 

t  An  act  was  passed,  January,  1823,  against  making  advances  of  public 
money,  in  case  of  contracts,  &c.  and  prohibiting  payment  exceeding  the  value 
of  service  actually  performed,  or  of  articles  delivered  for  the  government  ; 
except  in  particular  cases,  the  President  should  give  particular  orders,  for  an 
advance  of  funds.  The  same  act  required  all  agents  and  officers  of  the  gov- 
ernment who  received  public  monies,  to  render  an  account  quarter  yearly  ; 
and  made  it  the  duty  of  a  higher  officer  who  appointed  them,  to  remove  any 
one  who  was  delinquent  in  this  respect. 


1822]  monroe.  289 

articles,  might  be  made,  which  would  operate  in  its  favor, 
without  affecting  injuriously  any  other  interests,  or  other 
department  of  business." 

On  this  occasion,  the  President  also  referred,  in  strong 
language,  and  evidently  with  the  most  generous  feelings,  to 
the  situation  of  Greece,  cruelly  oppressed  at  that  time,  and 
for  a  long  period  before,  by  the  Turkish  government.  He 
was  too  prudent  and  cautious  to  recommend  any  inter- 
ference with  the  affairs  of  so  distant  a  country  ;  but  he  said, 
"  a  strong  hope  was  entertained,  that  the  people  of  Greece 
would  recover  their  independence,  and  resume  their  equal 
and  just  station  among  the  nations  of  the  earth."  To  this 
sentiment,  so  creditable  to  the  Chief  Magistrate  of  a  free 
government,  the  representatives  of  the  people,  and  the  peo- 
ple themselves,  in  the  United  States,  very  cordially  re- 
sponded. 

The  following  passage  in  the  President's  message,  re- 
flected great  lustre  on  his  character  as  a  patriot,  a  friend 
to  republican  governments,  and  an  intelligent  statesmen, 
who  perceived  the  vast  importance  to  the  future  destiny 
and  happiness  of  mankind,  of  success  in  our  civil  institu- 
tions, and  of  principle,  virtue,  and  fidelity  in  public  officers. 
"  The  United  States  owe  to  the  world  a  great  example, 
and,  by  means  thereof,  to  the  cause  of  liberty  and  hu- 
manity, a  generous  support.  We  have  thus  far  succeeded 
to  the  satisfaction  of  the  virtuous  and  enlightened  of  every 
country.  There  is  no  reason  to  doubt,  that  the  whole 
movement  of  the  people  and  government  will  be  regulated 
by  a  sacred  regard  to  principle  ;  all  our  institutions  being 
founded  on  that  basis.  The  ability  to  support  our  own 
cause,  under  any  trial,  is  the  great  point  on  which  the 
public  solicitude  rests.  It  has  been  often  charged  against 
free  governments,  that  they  have  neither  the  foresight  nor 
the  virtue  to  provide,  at  the  proper  season,  for  great  emer- 
gencies;  that  their  course  is  improvident  and  expensive. — 
But  I  have  a  strong  confidence,  that  this  charge,  so  far  as 
relates  to  the  United  States,  will  be  found  utterly  destitute 
of  truth."  Strictly  speaking,  this  may  not  be  considered 
as  a  real  prediction  ;  but  it  was  a  declaration  full  of  salu- 
tary admonition  to  the  people  of  the  United  States.  Mr. 
Monroe  had  far  more  practical  wisdom,  as  a  statesman, 
and  the  ruler  of  a  free  people,  than  some  of  his  predeces- 
sors, whose  reputation  far  exceeded  his,  as  philosophical 
politicians.  The  Constitution  was  his  guide;  and  if  he 
erred,  through  scruples  of  legitimate  authority,  in  not  fa- 
voring works  of  internal  improvements,  it  was  under  the 
37 


290  FEDERAL  GOVERNMENT.  [1822 

influence  of  truly  republican  principles.  He  did  not  com- 
plain that  the  arm  of  the  executive  was  not  made  stronger 
by  the  Constitution ;  nor  assume  power  where  it  was  not 
plainly  delegated. 

Several  subjects,  of  great  interest,  were  presented  to  the 
consideration  of  Congress  during  this  session.  A  bill  was 
introduced  in  the  Senate,  by  a  member  (Mr.  Johnson)  from 
Kentucky,  for  abolishing  imprisonment  for  debts  due  to  the 
United  States.  He  urged  its  adoption,  and  many  other 
members  of  Congress  declared  themselves  in  favor  of  the 
measure  :  but  it  was  not  passed  at  that  time.  He  advo- 
cated it  for  several  successive  sessions,  and  it  became  a  law 
in  1828. 

The  subject  of  the  slave  trade,  recommended  to  the 
attention  of  Congress  by  the  President,  was  taken  up 
promptly,  and  great  zeal  manifested  by  most  members  to 
adopt  measures,  in  concert  with  England  and  some  other 
European  powers,  for  the  entire  suppression  of  that  iniqui- 
tous traffic.  Members  from  Maryland  and  Virginia,  were 
as  decided  in  favor  of  suppressing  the  trade,  as  those  from 
the  New  England  States.*  And  the  President  was  fully 
authorized  to  enter  into  any  engagements,  consistent  with 
the  legitimate  powers  of  the  government,  for  the  accom- 
plishment of  so  desirable  an  object.  The  greatest,  if  not 
the  only  difficulty,  of  agreeing  to  the  terms  proposed  by 
England,  for  this  purpose,  was  that  of  allowing  a  right  to 
search  vessels  of  the  United  States  for  slaves,  by  British 
naval  commanders.  For  it  was  supposed,  that  a  consent 
to  this  practice  would  lead  to  many  injuries  on  American 
ships ;  under  a  pretence  that  slaves  were  on  board,  all 
would  be  liable  to  be  searched  and  detained,  greatly  to  the 
detriment  of  the  owners.  It  was  contended,  that  this  right 
must  be  ceded,  with  such  restrictions  as  would  prevent,  in 
most  cases,  the  detention  of  any  vessels  not  engaged  in  the 
trafficf 

Numerous  acts  of  piracy,  had  been  then  recently  com- 
mitted on  vessels  of  the   United  States    in    the  Gulf  of 


*  A  member  from  Virginia,  (Mr.  Mercer,)  offered  a  resolution  requesting 
the  President  to  enter  upon  and  prosecute  such  negotiations,  on  the  subject, 
with  any  European  powers,  as  he  might  deem  expedient,  for  the  effectual  abo- 
lition of  the  slave  trade.  Mr.  Wright,  a  Senator  from  Maryland,  was  active 
and  zealous  in  his  efforts  for  preventing  the  traffic.  The  resolution  was 
adopted  in  the  House  of  Representatives  by  a  vote  of  131  to  9. 

t  The  ministers  of  the  United  States,  at  European  Courts,  were  instructed  to 
propose,  that  the  slave  trade  be  considered  piracy,  and  those  concerned  in  it 
punished  accordingly. 


1822]  MONROE.  291 

Mexico,  and  in  the  West  Indies.  The  President  referred 
to  the  subject  in  his  annual  message  to  Congress ;  and  a 
law  was  passed  authorizing  him  to  employ  such  a  number 
of  vessels,  as  he  might  consider  proper,  to  suppress  these 
piratical  depredations.  A  large  sum  was  placed  at  his  dis- 
posal, for  preparing  a  naval  force  to  protect  the  commerce 
of  the  United  States  in  those  seas.* 

The  question  of  an  additional  act  laying  higher  duties  on 
some  imported  articles,  particularly  woollen  goods,  was 
again  agitated  at  this  session,  and  on  several  days  with 
uncommon  zeal  and  warmth.  The  President  had  intimated 
in  his  annual  message,  that  the  duty  might  be  increased 
with  a  view  to  the  encouragement  of  the  woollen  manufac- 
tures in  the  United  States.  The  friends  of  domestic  manu- 
factures seized  on  this  suggestion  of  the  President  to  favor 
their  wishes.  And  it  was  proposed  by  a  committee  on  the 
subject,  to  add  to  the  duty  already  imposed,  five  per  cent. 
The  bill  offered  would  have  operated  as  a  prohibition  on 
low  priced  woollens,  which  was  avowed  by  a  few  members. 
But  the  duty  was  not  augmented  at  that  session  ;  the  mem- 
bers from  the  south  being  totally  and  warmly  opposed  ;  and 
some  from  the  eastern  States  considered  it  improper  to  en- 
courage the  manufacture,  by  laying  a  higher  duty  on  the 
imported  articles  than  was  then  required. 

The  committee  on  naval  affairs  reported  in  favor  of  an 
equal  support  for  the  navy,  as  had  been  previously  afforded ; 
and  in  some  respects,  of  an  increase  of  that  branch  of  na- 
tional defence.  It  was  proposed  to  have  one  rear  admiral, 
five  commodores,  twenty-five  captains,  thirty  master  com- 
mandants, one  hundred  and  ninety  lieutenants,  four  hundred 
midshipmen,  seventy-five  surgeons  and  surgeons'  mates; 
making  in  the  whole,  adding  gunners,  carpenters,  sail- 
makers,  &c.,  3,500,  exclusive  of  common  sailors.  The 
subject  was  under  debate  on  several  different  days ;  but 
different  opinions  were  entertained,  and  nothing  was  matured 
at  that  time. 

The  subject  of  internal  improvements  was  before  Congress 
at  this  session,  in  various  forms.     It  was  proposed  to  cause 

*  Mr.  Gorham,  of  Massachusetts,  was  Chairman  of  the  Committee,  in  the 
House  of  Representatives,  on  this  subject;  and  the  bill  was  ably  supported 
by  him.  It  was  a  select  committee.  Early  in  1823,  twelve  vessels,  one  of 
them  a  sloop  of  war,  one  a  large  store  ship,  and  the  others  armed  schooners, 
sailed  from  Norfolk,  for  the  West  Indies  and  the  Gulf  of  Mexico,  for  the  pro- 
tection of  the  United  States  commerce  against  pirates. 


292  FEDERAL  GOVERNMENT.  [1822 

surveys  for  the  purpose  of  constructing  canals  at  Sandwich, 
across  Cape  Cod — in  New  Jersey,  from  the  river  Raritan  to 
the  Delaware — from  the  Delaware  to  the  Chesapeake  bay — 
from  the  Chesapeake  to  Albermarle  sound — from  lake  Erie 
to  the  river  Ohio.  But  no  order  was  taken  even  for  surveys. 
Many  of  the  members  of  Congress  believed  the  Constitution 
had  given  no  such  power  to  the  national  government :  and 
a  variety  of  opinions  prevailed,  as  to  the  places  proper  to 
be  surveyed  for  this  jmrpose.  A  warm  discussion  also  arose 
on  the  motion  to  appropriate  money  for  the  repairs  of  the 
Cumberland  road,  deemed  an  important  national  work. — 
Large  sums  had  been  expended  on  that  road ;  but  it  was 
then  in  such  a  state,  as  to  be  impassable  in  most  parts.  The 
President  had  intimated  a  willingness  to  favor  a  bill  for  re- 
pairing the  road,  though  opposed  to  extending  it,  and  doubt- 
ing the  propriety  of  the  original  grants  to  open  it.  The 
session  closed  without  any  definite  action  on  the  question. 
A  convention  of  navigation  and  commerce  was  made  and 
concluded  between  the  United  States  and  France,  in  1822  ;# 
which  was  ratified  by  the  President  and  Senate,  and  a  law 
passed  by  both  Houses  of  Congress  to  carry  its  provisions 
into  effect.  Efforts  had  been  made  for  a  long  time,  by  the 
government  of  the  United  States,  to  form  a  commercial 
treaty  with  France ;  but  the  French  court  had  manifested 
great  reluctance  to  enter  into  a  convention  for  the  purpose. 
The  trade  of  that  nation  did  not  suffer  from  a  want  of  such 
a  treaty ;  but  the  United  States  lost  many  advantages  by 
the  omission.  In  1820,  the  American  Envoy  near  the  court 
of  France,  wrote  to  the  President,  "  that  negotiations  had 
become  fruitless."  An  additional  tonnage  duty  was  laid 
on  French  vessels,  arriving  in  the  ports  of  the  United  States, 
in  1821  ;  in  consequence  of  the  regulations  of  France  un- 
favorable to  the  navigation  and  commerce  of  the  United 
States  :  and  this  probably  led  the  French  ministers  to  form 
the  convention  of  1822.  It  was  to  continue  only  for  two 
years  from  October  of  that  year,  however,  provided  either 
party  should  desire  to  annul  it.  But  neither  government 
did  give  any  notice  of  such  desire :  and  the  convention  re- 
mained in  force,  and  the  trade  was  pursued  between  the 
citizens  and  subjects  of  each  nation,  on  terms  of  just  reci- 
procity. 

*  This  treaty  was  prepared  by  Mr.  Adams,  Secretary  of  State  of  the  United 
States,  and  the  Baron  Hyde  de  Neuville,  minister  plenipotentiary  of  the  King 
of  France. 


1822]  MONROE.  293 

After  the  peace  of  1815,  the  commerce  and  navigation  of 
the  United  States  did  not  reap  all  the  advantages  from  that 
event,  which  might  justly  be  hoped.  A  restrictive  and  mo- 
nopolizing policy  was  adopted  both  in  France  and  Great 
Britain  ;  and  these  countries  derived  great  benefits  from  the 
trade  to  the  United  States,  while  reciprocal  advantages  were 
not  realized  by  the  merchants  of  the  latter.  It  was  a  con- 
stant object,  for  some  years,  particularly  in  1820 — 1822, 
with  enlightened  politicians  in  the  United  States,  who  were 
favorable  to  commerce,  to  devise  measures  for  removing  the 
embarrassments  produced  by  the  policy  of  European  pow- 
ers ;  or  to  make  regulations  respecting  the  navigation  and 
trade  of  foreigners  to  American  ports,  which  should  prove 
to  be  countervailing,  in  some  degree,  of  the  restrictive  sys- 
tem of  those  governments.  The  principal  measures  adopted 
by  Congress,  with  this  view,  were  proposed  or  advocated 
by  Mr.  King,  a  senator  from  the  State  of  New  York  ;  than 
whom,  no  one  in  Congress  was  more  active  in  favor  of  com- 
merce, or  had  more  correct  and  enlarged  views  on  the  sub- 
ject. 

In  his  annual  address  to  Congress,  December,  1823,  Pres- 
ident Monroe  gave  a  faithful  representation  of  the  general 
condition  and  affairs  of  the  United  States :  and,  in  most 
respects,  it  was  highly  satisfactory  ;  showing  the  prosperous 
and  advancing  state  of  the  country  ;  its  commerce  extending, 
its  natural  resources  developing,  its  finances  increasing,  its 
manufactures  flourishing,  and  its  population  vastly  enlarged. 
He  invoked  the  attention  of  Congress'  to  the  great  duty  of 
legislating  for  the  various  concerns  of  the  nation,  on  the 
right  direction  and  regulation  of  which,  by  the  federal  gov- 
ernment, depended  the  future  welfare,  progress,  and  glory  of 
the  republic. 

The  various  measures,  which  Congress  had  previously 
directed  or  authorized  the  President  to  adopt,  it  appeared 
had  been  faithfully  executed,  or  were  in  due  progress  of 
accomplishment,  by  means  promptly  used  to  give  them  ef- 
fect. With  Great  Britain,  negotiation  had  been  renewed, 
for  settling  the  boundaries  between  the  United  States  and 
the  adjoining  British  provinces  ;*  and  for  regulating  com- 
mercial intercourse  with  these  and  other  colonial  possessions 
of  England,  which  had  long  been  in  an  unsettled  state, 
tending  to  create  unfriendly  collisions ; — with  France,  for 

*  It  was  observed  by  the  President,  "  that  from  the  great  difficulty  and  ap- 
parent impracticability  of  performing  the  service,  he  had  proposed  to  the  British 
government,  to  establish  the  boundary  by  amicable  negotiation." 


294  FEDERAL  GOVERNMENT.  [1823 

adjusting  the  claims  as  to  indemnity  for  losses  sustained  by- 
citizens  of  the  United  States,  owing  to  unjust  seizures  and 
confiscations  of  their  property,  in  the  late  war  in  Europe  ; — 
with  Russia  and  with  Spain  also,  relating  to  disputes  of 
long  existence ;  those  with  the  former  referring  to  the  terri- 
tory on  the  northwest  coasts  of  America;  and  those  with 
the  latter,  to  the  subject  of  privateers,  (but  another  name 
for  pirates,)  then  vastly  multiplied,  and  sailing  under  pre- 
tended Spanish  authority,  to  the  great  interruption  and  in- 
jury of  American  commerce  in  the  West  India  latitudes. 

The  public  revenue  for  the  year  past  had  so  much  in- 
creased, that  the  President  supposed,  with  proper  economy 
in  the  expenditures  of  government  and  fidelity  in  the  col- 
lecting and  receiving  officers,  the  national  debt  might  be 
extinguished  in  twelve  years.  The  statement  made  by  him 
of  the  national  resources  and  of  commercial  enterprize, 
warranted  the  opinion  he  advanced  on  this  subject ;  though 
the  pensions  for  revolutionary  services  had  added  over  a 
million  of  dollars  to  the  demands  on  the  treasury  of  the 
United  States.  The  condition  of  the  national  army,  though 
small,  was  represented  as  much  improved  in  its  organization 
and  discipline ;  and  as  subject  to  a  system  of  economy  and 
accountability,  which  admitted  of  little  further  improvement. 
The  military  academy,  the  board  of  engineers  and  the  to- 
pographical corps,  had  fulfilled  the  highest  expectations  of 
the  government,  and  were  considered  of  great  public  utility. 
And  the  militia  of  the  United  States,  generally,  was  in  a 
respectable  condition  ;  but  the  attention  of  Congress  was 
required,  to  render  the  system  still  more  efficient  and  perfect. 
The  importance  of  this  subject  was  strongly  urged  by  the 
President,  on  the  consideration  of  the  federal  legislature  at 
this  time.  Speaking  of  the  services  of  the  navy  in  protect- 
ing the  navigation  of  the  United  States,  both  in  American 
and  European  seas,  where  it  had  been  employed,  the  Pres- 
ident said,  "  it  was  a  source  of  great  satisfaction,  that  we 
could,  on  all  occasions,  recur  to  the  conduct  of  our  navy 
with  pride  and  commendation.  As  a  means  of  national 
defence,  it  enjoys  the  public  confidence,  and  is  steadily  as- 
suming additional  importance. ' '  For  several  years  the  naval 
force  of  the  United  States  had  been  increased ;  not  indeed, 
so  rapidly  as  in  the  time  of  the  war  with  Great  Britain; 
but  sufficiently  for  all  the  purposes  of  protection  to  the 
commerce  and  navigation  of  the  country,  against  piratical 
vessels,  which  were  then  numerous  in  the  West  Indies  and 
the  Gulf  of  Mexico. 

President  Monroe  must  have  been  strongly  impressed  in 


1823]  MONROE.  295 

favor  of  domestic  manufactures,  for  the  prosperity  of  the 
nation,  as  he  again  recommended  to  Congress  to  afford  them 
protection  by  law,  in  a  new  regulation  of  the  tariff  on  im- 
ported goods  similar  to  those  then  made  in  the  United 
States.  He  had  previously,  on  more  than  one  occasion, 
called  the  attention  of  the  federal  legislature  to  this  subject ; 
and  had  expressed  an  opinion  in  favor  of  extending  the  aid 
of  government  to  this  branch  of  industry  and  enterprise. 
And  he  now  said,  "  That  the  views  which  he  had  before 
expressed  remained  unchanged ;  and  that  additional  pro- 
tection might  justly  be  afforded  to  those  articles  which  the 
citizens  were  prepared  to  manufacture,  and  which  were 
more  immediately  connected  with  the  defence  and  inde- 
pendence of  the  country." 

A  portion  of  the  national  legislature,  in  favor  of  encour- 
aging domestic  manufactures,  was  opposed  to  any  farther 
protection  ;  and  this  opposition  was  made  principally  by 
members  from  the  southern  States,  where  no  manufactures 
existed  ;  and  who  believed  that  additional  duties  on  im- 
ports, merely  for  the  benefit  of  the  manufacturers,  would 
operate  unequally  in  different  parts  of  the  United  States.  A 
spirit  of  jealousy  prevailed  towards  the  northern  and  eastern 
States,  which  had  prospered  beyond  those  of  the  south  by 
commercial  enterprise ;  and  which  were  now  to  be  chiefly 
benefited  by  aid  and  protection  to  manufacturing  estab- 
lishments in  that  section  of  the  Union.  The  opinion  of  the 
President,  a  citizen  of  Virginia,  where  manufactures  were 
not  much  attended  to,  must  have  been  impartial  and  dis- 
interested on  this  subject,  and  may  justly  be  considered  as 
the  result  of  comprehensive  and  patriotic  views. 

This  reiterated  suggestion  of  the  President,  was  the  occa- 
sion of  an  additional  law  of  Congress  on  the  subject,  in 
May,  1824,  by  which  the  tariff  was  revised  and  altered; 
and  higher  duties  imposed  on  several  articles  of  import  ; 
chiefly  of  the  description  of  those  then  manufactured  in 
the  United  States.  On  several  articles,  a  duty  of  five  per 
cent,  was  laid  in  addition  to  that  before  imposed;  though 
the  act  met  a  very  powerful  opposition.* 

*  The  bill  was  more  debated,  in  the  House  of  Representatives,  than  any  pre- 
sented for  many  years  ;  and  the  majority  in  favor  of  it  was  only  five — 107  to 
102.  It  was  opposed  alike  by  those  concerned  in  commerce  and  agriculture. 
The  former  believed  it  would  prove  detrimental,  in  its  operation,  to  their  par- 
ticular interests  ;  and  the  latter,  considered  that  an  undue  profit  was  secured 
by  it  to  the  manufacturers.  Some  opposed  it,  under  an  apprehension,  that  it 
would  greatly  diminish  imports,  and  thus  lessen  the  public  revenue.  And  a 
few  voted  against  the  bill,  because  they  were  dissatisfied  with  its  details,  rather 
than  with  its  general  principles.  It  passed  the  Senate,  with  several  alterations, 
by  a  vote  of  25  to  21. 


296  FEDERAL  GOVERNMENT.  \WM 

Although  the  President  had  expressed  doubts  of  spending 
the  public  funds  for  internal  improvements,  he  declared 
himself  in  favor  of  appropriations  from  the  public  treasury, 
for  repairs  on  the  Cumberland  road,  which  was  considered 
an  important  national  object;  and  he  also  proposed  a  sur- 
vey of  the  country  between  the  waters  of  the  Chesapeake 
and  Ohio,  for  a  canal ;  which  would  be  of  a  similar  na- 
tional character,  and  therefore  worthy  of  the  consideration 
of  Congress.  "  It  would  be  almost  impossible,"  he  said, 
"  to  calculate  the  beneficial  consequences  which  would  re- 
sult from  it.  A  great  portion  of  the  produce  of  the  very 
fertile  country,  through  which  it  would  pass,  would  find  a 
market  through  that  channel.  Connecting  the  Atlantic 
with  the  western  country,  in  a  line  passing  through  the 
seat  of  the  national  government,*  it  would  contribute  essen- 
tially to  strengthen  the  bond  of  Union  itself.  Believing,  as 
I  do,  that  Congress  possess  the  right  to  appropriate  money 
for  such  a  national  object — the  jurisdiction  remaining  in 
the  States  through  which  the  canal  w^ould  pass — I  submit 
it  to  your  consideration,  whether  it  may  not  be  advisable 
to  authorize  the  employment  of  a  suitable  number  of  officers 
of  the  engineer  corps  to  examine  the  intervening  grounds, 
with  a  view  to  the  construction  of  such  a  canal." 

In  the  course  of  the  following  session  of  Congress,  April, 
1824,  an  act  was  passed  authorizing  the  President  to  cause 
surveys  and  estimates  to  be  made  of  such  routes,  for  roads 
and  canals,  as  he  might  deem  of  national  importance,  either 
in  a  commercial  or  military  view;  or  necessary  for  the 
transportation  of  the  public  mail.  There  was  a  very  gen- 
eral opinion,  at  that  time,  in  favor  of  internal  improve- 
ments; especially,  where  the  work  would  prove  of  national 
benefit ;  and  an  appropriation  of  seventy-five  thousand  dol- 
lars was  made,  at  this  session  of  Congress,  to  improve  the 
navigation  of  the  Ohio  and  Mississippi  rivers.  The  ob- 
jection to  appropriations  of  public  money  for  roads,  related 
to  those  which  would  be  only  for  the  advantage  and  ac- 
commodation of  a  single  State  ;  which,  it  was  contended, 
should  construct  such  roads  ;  the  older  States  having  been 
at  the  expense  of  making  them  within  their  respective 
limits.  Tracts  of  the  public  land,  however,  were  sometimes 
granted  to  new  States,  for  the  purpose  of  education,  and  in 
a  very  few  instances,  for  roads  deemed  important  to  the 
whole  country,  though  chiefly  and  directly  beneficial  to  a 
single  State. 

*  It  was  proposed  to  have  the  canal  run  through  the  District  of  Columbia. 


1824]  monroe.  297 

The  struggle  of  the  Greeks  for  civil  liberty,  at  this  period, 
excited  the  sympathy  of  all  those  who  enjoyed  or  justly 
valued  the  blessings  of  a  free  government.     In  the  United 
States,  this  generous  sentiment  was  deep  and  universal ; 
and  the  President  was  justified  in  referring  to  the  event,  as 
he  was  the  principal  public  organ  of  the  republic.     But 
the  expression  of  his  sentiments  on   the  occasion,  was  as 
proper  in  point  of  prudence,  as   it  was  honorable  to  his 
philanthropic  feelings.     "It  is  believed,"  he  said,  "that 
the  whole  civilized  world  takes  a  deep  interest  in  their 
welfare.      Although  no  power  has  yet  declared  in   their 
favor,  none  have  taken  part  against  them.     Their  name 
and  their  cause  have  protected  them  from  dangers  which 
might  have  overwhelmed  any  other  people.     The  ordinary 
calculations  of  interest,  and.  of  acquisition,  with  a  view  to 
aggrandizement,  which  mingle  so  much  in  the  transactions 
of  nations,  seem  to  have  had  no  effect  in  regard  to  them. 
From  the  facts,  which  have  come  to  our  knowledge,  there 
is  just  cause  to  believe,  that  their  oppressors  have  lost,  for- 
ever, all  dominion  over  them  ;  and  that  Greece  will  become 
again  an  independent  nation.     That  she  may  obtain  that 
rank,  is  the  object  of  our  most  ardent  wishes." 

On  this  occasion  the  President  referred  to  the  origin  and 
nature  of  the  federal  government,  and  to  the  important  and 
extensive  benefits  it  had  produced.     "  The  history  of  the 
world,"  he  said,  with  great  truth,  "  furnishes  no  example 
of  progress  and  improvement  in  all  the  essential  attributes 
of  national  prosperity  and  happiness,  which    presents   a 
parallel."     And  in  illustration  of  the  fact  he  contrasted  the 
condition  of  the  country,  as  it  then  was,  with  its  feeble 
state  in  1775,  and  even  in  1784.     But,  as  he  justly  observed, 
it  was  not  only  the  increased  population  and  enterprise  and 
wealth  of  the  country,  which  had  contributed  to  the  happy 
result;   "  it  was  owing  also  to  an  enlargement  of  the  basis 
of  our  political  system,  and  increase  in  the  number  of  States, 
that  the  strength  and  character   of  the   republic  were  so 
great.     Consolidation  and  disunion  have  been  thereby  ren- 
dered equally  impracticable.     Each  government,  confiding 
in  its  own  strength,  has  less  to  apprehend  from  any  other; 
and,  in  consequence,  each  enjoying  a  greater  freedom  of 
action,  is  rendered  more  efficient  for  all  the  purposes  for 
which  it  was  instituted." 

Mr.  Monroe  was  not  alone  in  the  opinion  here  expressed. 
Many  intelligent  statesmen,  who  had  indulged  great  fears 
as  to  the  stability  of  the  general  government  and  the  con- 
tinuance of  the  Union,  were  more  ready  to  cherish  a  belief 
38 


298  FEDERAL  GOVERNMENT.  [1824 

as  well  as  a  hope,  of  the  perpetuity  of  the  federal  system, 
and  of  the  blessings  of  a  national  administration.  The  ex- 
perience of  thirty-four  years  had  led  them  to  repose  more 
confidence  both  in  the  permanency  and  the  benefits  of  the 
federal  compact  between  the  several  States,  for  objects  of 
mutual  and  general  interest.  The  government  had  already 
been  sustained  under  severe  trials,  arising  from  the  French 
revolution  ;  from  the  monopolizing  spirit  of  England  ;  from 
party  disputes  and  collisions  among  the  people;  from  a 
war,  which  many  deemed  unnecessary,  and  which  added 
largely  to  the  public  taxes.  There  had  been  times  of  ap- 
prehension, but  the  vigilant  and  generous  patriotism  of  the 
people  proved  sufficient  to  remove  them.  And  if  the  gen- 
eral government  ever  assumed  powers,  not  vested  in  it  by 
the  Constitution,  which  was  the  instrument  and  choice  of  the 
people,  the  individual  States  interposed  their  remonstrances, 
and  the  evils  feared  were  removed. 

Early  in  the  session,  a  proposition  was  made  for  an  ad- 
ditional article  to  the  Constitution,  respecting  the  election 
of  President  and  Vice  President  of  the  United  States ;  so 
that  there  might  be  a  choice  by  the  people,  or  their  electors 
chosen  by  them,  and  in  no  event  to  be  referred  to  the  mem- 
bers of  Congress.  Several  plans  were  proposed  for  this 
purpose ;  and  that  which  received  the  principal  support, 
provided  for  a  second  voting  by  the  electors,  if  no  choice 
were  made  on  the  first  trial.  It  was  also  proposed,  that  if 
the  choice  should  devolve  on  Congress,  it  should  be  decided 
by  the  majority  of  votes  of  both  Houses  meeting  in  Con- 
vention. The  subject  was  long  debated  in  the  Senate,  and 
a  general  desire  expressed  to  prevent  an  election  by  the 
members  of  Congress,  instead  of  effecting  it  by  the  electors 
chosen  by  the  people  in  the  several  States.  No  plan  pro- 
posed, however,  met  the  approbation  of  the  majority  of  the 
Senate ;  and  on  motion  of  Mr.  King  of  New  York,  the  sub- 
ject was  indefinitely  postponed,  by  a  vote  of  30  to  13. 

A  bill  was  before  Congress  again,  at  this  time,  for  abol- 
ishing imprisonment  for  debt,  where  the  poor  debtor  was 
owing  the  United  States,  and  no  fraud  was  alleged ;  and 
after  repeated  discussions,  it  was  passed  by  the  Senate,  but 
did  not  then  receive  the  sanction  of  the  House  of  Repre- 
sentatives.* Its  passage  in  the  Senate  gave  great  satisfac- 
tion to  every  true  philanthropist ;  and  was  justly  consid- 
ered a  triumph  of  the  cause  and  principles  of  humanity. 

*  The  bill  was  not  debated  in  the  House,  at  this  session  ;  it  did  not  come 
before  that  branch  of  the  legislature  in  time  sufficient  for  due  consideration. 


1824]  monroe.  299 

The  last  regular  annual  message  of  President  Monroe, 
addressed  to  Congress,  December,  1824,  presented  a  view  of 
public  affairs  and  of  the  condition  of  the  United  States, 
highly  satisfactory  and  gratifying  to  the  friends  of  the  fed- 
eral government.  The  labors  and  enterprises  of  the  citizens 
had  been  attended  with  uncommon  prosperity :  the  usual 
operations  of  government  had  been  effected  both  with  fidel- 
ity and  tranquillity  ;  the  people  universally  manifesting  a 
spirit  of  due  subordination  and  of  regard  for  constitutional 
authority  :  the  national  finances  adequate  to  former  ap- 
propriations, and  to  all  proper  expenditures,  as  well  as  to 
the  gradual  redemption  of  the  public  debt,  as  previously 
estimated  :  the  Union  was  evidently  dear  to  the  people,  and 
strengthened  by  their  cordial  support :  the  policy  adopted 
and  pursued  towards  foreign  nations  had  proved  to  be 
wise  and  just :  such  as  to  disarm  them  of  old  jealousies, 
and  to  conciliate  their  amity,  both  in  a  commercial  and  po- 
litical intercourse.  Ci  By  a  happy  distribution  of  power," 
said  the  President,  "between  the  national  and  State  gov- 
ernments, which  rest  alike  on  the  sovereignty  of  the  people, 
and  seem  fully  adequate  to  the  great  purposes  for  which 
they  were  respectively  instituted,  causes  which  might 
otherwise  lead  to  dismemberment,  operate  powerfully  to 
draw  us  closer  together."  u  And  as  to  foreign  nations,"  he 
said,  "it  has  been  the  invariable  object  of  this  government 
to  cherish  the  most  friendly  relations  with  every  other 
power,  on  principles  and  conditions  which  might  render 
them  permanent.  A  systematic  effort  has  been  made  to 
place  our  commerce,  with  every  nation,  on  a  footing  of  per- 
fect reciprocity ;  to  settle  with  each,  in  a  spirit  of  candor 
and  liberality,  all  existing  differences  ;  and  to  remove,  as  far 
as  possible,  all  causes  of  future  variance." 

The  President  gave  Congress  information  of  the  failure 
of  attempts,  by  the  commissioners  of  the  federal  govern- 
ment and  Great  Britain,  to  ascertain  and  fix  the  boundary 
line  between  the  British  provinces  on  the  northeast,  and 
northwest,  and  the  United  States,  as  proposed  in  the  fifth 
article  of  the  treaty  of  Ghent ;  and  of  an  agreement  between 
the  two  governments,  to  establish  the  line  by  amicable  ne- 
gotiation ;  and  he  expressed  his  belief  that  it  would  be 
thus  satisfactorily  adjusted.  Had  more  decision  been  ex- 
hibited for  a  speedy  adjustment  of  this  subject,  as  probably 
would  have  been,  if  any  danger  of  a  war  on  that  account 
had  been  then  apprehended,  the  difficulties,  which  subse- 
quently occurred,  would  have  been  avoided.  The  British 
government  then,  as  since,  appeared  disposed  to  delay  a 


300  FEDERAL  GOVERNMENT.  [1824 

decision,  in  the  hope,  probably,  of  obtaining  a  part  of  the 
territory  in  dispute. 

He  again  referred  to  the  slave  trade,  still  pursued  to  a 
considerable  extent,  and  expressed  a  strong  desire  in  favor 
of  any  and  every  practicable  method,  which  would  be 
adopted,  to  put  an  end  to  a  traffic  so  revolting  to  the  friends 
of  humanity  through  the  civilized  world.  It  appeared  that 
negotiations  had  been  renewed  on  the  subject,  and  a  con- 
vention concluded  in  London,  in  March,  1824,  by  pleni- 
potentiaries duly  authorized  by  both  governments  ;  but  that 
obstacles  had  occurred  to  its  ratification  which  had  not  been 
removed.  The  greatest  if  not  the  only  difficulty  was  to  be 
found  in  the  proposition  of  the  British  government  to  subject 
the  vessels  of  both  nations,  suspected  of  being  concerned  in 
the  traffic,  to  a  search  by  the  armed  ships  of  either.  An 
apprehension  of  the  abuse  of  this  right  prevented  the  Amer- 
ican government  from  assenting  to  the  proposal.  But,  to 
avoid  an  explicit  concession  of  that  kind,  it  was  proposed 
by  the  latter,  to  consider  the  traffic  as  piratical ;  it  being 
intended  thereby,  to  place  all  offenders  in  this  respect,  beyond 
the  protection  of  their  respective  governments. 

Commercial  treaties  were  concluded  between  the  United 
States  and  several  European  nations,  about  this  period  ;  as 
Russia,  Prussia,  Sweden,  the  Netherlands,  and  with  some  of 
the  Hanseatic  cities;  and  in  referring  to  them,  the  President 
said,  "  that  our  commerce  was  placed  on  a  footing  of  perfect 
reciprocity  by  these  treaties."  And  he  added,  "the  prin- 
ciples on  which  the  commercial  policy  of  the  United  States 
is  founded,  are  to  be  traced  to  an  early  period.  They  are 
essentially  connected  with  those,  on  which  their  indepen- 
dence was  declared;  and  owe  their  origin  to  the  enlight- 
ened men  who  took  the  lead  in  public  affairs  at  that  im- 
portant epoch.*  They  are  developed  in  the  first  treaty  of 
commerce  with  France  in  1778  ;f  and  afterwards  by  a  for- 


*  This  was  a  high  compliment  to  the  wisdom  of  the  patriotic  statesmen  who 
composed  the  first  continental  Congress;  and  as  just  as  it  was  grateful. 

t  The  treaty  of  commerce  with  France,  February,  1778,  recognized,  as  the 
basis  of  their  agreement,  "the  most  perfect  equality  and  reciprocity;"  and 
•'  carefully  avoided  all  those  burthensome  preferences,  which  are  commonly 
sources  of  debate,  embarrassment,  and  discontent;  leaving  each  party  at  liberty 
to  make  those  interior  regulations,  respecting  commerce  and  navigation,  which 
it  should  find  most  convenient  to  itself;  and  by  founding  the  advantage  of  com- 
merce solely  on  reciprocal  utility  and  the  just  rules  of  free  intercourse;  re- 
serving to  each  party  the  liberty  of  admitting  other  nations  to  a  participation  of 
the  same  advantages." 


1824]  MONROE.  301 

mal  commission,-*  at  the  close  of  the  revolutionary  war,  for 
the  purpose  of  negotiating  treaties  of  commerce  with  the 
nations  of  Europe.  The  act  of  Congress,  of  March,  lS15,f 
on  the  return  of  peace,  was  a  new  overture  to  foreign  nations, 
to  establish  commercial  relations  with  them  on  the  basis  of 
free  and  equal  reciprocity." 

The  United  States  entered  into  a  treaty  with  Russia  in 
1824,  "  for  ascertaining  and  defining  the  limits  and  rights 
of  the  respective  nations,  in  the  northwestern  parts  of  Amer- 
ica." The  Emperor  of  Russia,  not  long  before,  had  laid 
claim  to  a  large  portion  of  western  America,  and  the  sole 
right  to  navigate  the  ocean  and  seas  adjoining.  Collisions 
had  sometimes  occurred  between  the  citizens  of  the  United 
States  and  the  subjects  of  Russia,  navigating  and  trading 
on  and  near  the  coasts.  These  claims  were  opposed  by  the 
federal  government,  and  a  treaty  on  the  subject  was  con- 
cluded, as  above  mentioned ;  by  which  the  boundary  line 
between  the  two  nations  was  agreed  to  be  in  north  latitude 
fifty-four  degrees  and  forty  minutes.  It  was  also  agreed, 
"  that  neither  power  should  be  disturbed  or  restrained,  either 
in  navigation  or  in  fishing,  at  places  not  before  occupied  by 
either,  for  the  purpose  of  trading  with  the  natives — that  the 
subjects  and  citizens  of  each  should  not  resort  to  places 
where  establishments  had  been  respectively  made  by  them, 
for  trade,  without  permission  from  the  commander  of  the 
settlement — but  that  for  ten  years,  the  ships  of  both  powers 
might  frequent,  without  interruption,  the  interior  seas,  gulfs, 
or  harbors  on  the  coasts,  for  the  purpose  of  fishing  and 
trading  with  the  natives." 

As  the  close  of  his  administration  was  approaching,  the 
President  seemed  to  have  considered  it  proper  to  exhibit  a 
full  and  particular  statement  of  the  debts  and  finances  of 
the  federal  government.     It   was  stated  in  his  message, 


*  The  principles  and  doctrines  herein  recognized  and  approved,  were  fa- 
vorable to  free  trade,  and  opposed  to  monopolies  and  restrictions;  and  in  1785, 
Mr.  Adams,  the  first  minister  to  England  from  the  United  States,  proposed  these 
principles  as  the  basis  of  a  commercial  treaty  with  Great  Britain.  But  they 
were  entirely  rejected  by  the  British  ministry.  They  were  contrary  to  the 
policy  of  that  government;  and  the  state  of  America  was  then  such,  that  Eng- 
land derived  great  advantages  from  trade  without  any  treaty. 

t  This  act  provided,  "that  former  discriminating  duties  on  tonnage  and  on 
goods,  between  those  of  the  United  States  and  of  foreign  countries,  by  which 
a  much  higher  rate  was  imposed  on  those  of  the  latter,  should  be  removed,  on 
a  repeal,  by  any  foreign  government,  of  their  discriminating  and  countervailing 
duties,  detrimental  to  the  United  States,  and  the  public  declaration  thereof  by 
the  President  on  such  an  event." 


302  FEDERAL  GOVERNMENT.  [1824 

"  that,  exclusive  of  loans  for  the  purpose  of  reducing  the 
rate  of  interest  paid  by  the  government,  the  receipts  into 
the  treasury  for  the  year  1824,  were  eighteen  and  a  half 
millions,  and  that  there  was  a  balance  in  the  treasury,  on 
the  first  of  that  year,  of  nine  millions  and  a  half — that, 
after  the  current  expenses  for  support  of  the  government, 
and  disbursements  for  claims  for  Spanish  spoliations,  for 
fortifications,  for  the  army  and  navy  departments,  for  sur- 
veys relating  to  proposed  national  works,  interest  on  the 
public  debts,  and  eleven  millions  and  a  half  applied  to  the 
sinking  fund, — there  would  be,  by  estimation,  a  balance  of 
three  millions  in  the  treasury  on  the  first  of  January,  1825. 
It  was  estimated  that  the  receipts  for  1825  would  amount 
to  a  sum  sufficient  to  meet  all  the  expenses  of  government, 
if  on  a  similar  plan  of  appropriations  for  the  various  de- 
partments, and  leave  ten  millions  for  reducing  the  public 
debt.  A  reduction  of  forty-four  millions  of  the  national 
debt  had  been  already  effected  since  the  year  1817  ;  although 
great  appropriations  had  been  necessary,  during  that  period, 
for  the  support  of  the  government,  increase  of  the  navy, 
for  the  army  and  forts,  and  for  purchases  of  Indian  lands. 
The  amount  of  the  debt  was  estimated  at  a  little  less  than 
eighty  millions;  and  a  calculation  presented,  showing  it  to 
be  probable,  that,  with  the  usual  receipts  into  the  treasury, 
the  continuance  of  peace,  and  common  prosperity  in  com- 
mercial enterprize,  the  whole  might  be  extinguished  within 
ten  years. 

The  President  referred  to  the  condition  of  the  Indian 
tribes  within  the  territory  of  the  United  States ;  to  the  re- 
lations then  existing  between  them ;  and  to  the  policy  of 
the  general  government  in  its  treatment  of  these  uncivilized 
people.  The  policy  early  adopted  by  the  government,  in 
its  conduct  towards  these  uncultivated  tenants  of  the  for- 
ests was  founded  in  friendly  and  benevolent  views ;  and 
it  was  pursued  by  the  several  administrations,  except 
where  the  claims  of  individual  States  embarrassed  the  gov- 
ernment, and  sometimes  led  to  severe  treatment  of  the 
native  tribes.  The  object  of  government  was  to  treat  them 
with  justice,  but  to  purchase  such  tracts  of  land  as  they 
were  willing  to  sell  and  abandon  ;  and  at  the  same  time  to 
provide  for  their  improvement  by  encouraging  schools  and 
the  arts  of  agriculture  and  civilization  among  them.  Con- 
gress had  passed  no  laws  designed  or  tending  to  injure  or  op- 
press these  tribes  ;  the  administration  had  issued  no  orders 
interfering  with  their  rights  ;  and  yet  the  agents  of  the  gov- 


1824]  MONROE.  303 

ernment  were  some  times  charged  with  deceiving  and  de- 
frauding them  :  and  several  of  the  States,  within  whose  ter- 
ritories they  resided,  in  their  desire  to  remove  them,  were 
accused  of  treating  them  with  great  severity  and  injustice. 
When  the  tribes  refused  to  remove,  as  it  was  alleged  they 
had  agreed  to,  within  a  convenient  time,  the  State  author- 
ities, in  some  instances,  undertook  to  regulate  their  con- 
cerns and  to  legislate  over  them ;  which  was  the  cause  of 
much  complaint  on  the  part  of  the  Indians.  The  appeals 
of  States  thus  situated,  as  well  as  of  the  native  tribes,  oc- 
casioned great  perplexity  and  difficulty  to  the  federal 
administration.  And  in  some  cases,  perhaps  it  pressed  the 
removal  of  the  Indians  unreasonably,  from  a  desire  to 
satisfy  the  demands  of  the  States  where  they  resided. 

The  general  government  had  always  manifested  a  desire 
to  do  justice  to  the  aboriginal  tribes;  and  large  sums  were 
voted  and  expended  for  their  benefit,  in  payment  of  the 
lands  purchased  of  thern.  Efforts  were  repeatedly  made 
with  a  view  to  their  social  and  moral  improvement ;  but 
were  not  attended  or  followed  by  any  permanent  benefit : 
in  a  few  instances  only  were  they  beneficial.  An  act  was; 
early  passed  for  their  civilization  ;  and  under  its  provisions, 
more  than  thirty  schools  had  been  established  among  them, 
before  1825 ;  and  such  as  would  attend  were  instructed 
also  in  agriculture  and  the  ordinary  arts  of  life.  Since 
that  time  most  of  the  tribes  have  been  removed  to  lands- 
west  of  the  Mississippi,  which  were  alloted  to  them  by  the 
general  government,  with  a  view  and  a  solemn  agreement 
to  their  continuance  in  the  new  territory,  without  interfer- 
ence as  to  the  title  of  the  lands,  or  to  their  internal  police. 
Justice  requires  that  these  agreements  should  be  strictly 
observed  and  fulfilled  on  the  part  of  the  United  States. 

A  resolution  was  offered  in  the  Senate,  (February,  1825,) 
by  Mr.  King,  of  New  York,  proposing,  that,  after  the  pay- 
ment of  the  funded  debt,  for  which  the  public  lands  of  the 
United  States  were  pledged,  should  be  made,  the  proceeds 
of  the  sale  should  be  applied  to  the  emancipation  of  such 
slaves  within  any  of  the  United  States,  and  to  aid  in  the 
removal  of  such  free  persons  of  color,  as  by  the  laws  of  any 
were  allowed  to  be  emancipated  or  removed,  to  any  terri-^ 
tory  without  the  limits  of  the  United  States.  But  the  sub- 
ject did  not  receive  the  consideration  which  its  great  na- 
tional importance  seemed  to  demand.  The  resolution  did 
not  interfere  with  the  laws  and  usages  of  any  State  relating 
to  slaves.     Had  it  been  adopted,  the  effect  would  have- 


304  FEDERAL  GOVERNMENT.  [1824 

been  similar  to  that  which  the  Colonization  Society  have 
in  view ;  and  would  have  secured  public  funds  for  the  pur- 
pose. There  could  be  no  constitutional  objection  to  the 
measure.  The  appropriation  might  be  as  justly  made  for 
this  object  as  for  education  or  internal  improvements. 
But  whenever  the  subject  of  slavery  has  been  introduced 
into  Congress,  it  has  excited  great  sensibility,  and  produced 
collisions  between  members  from  different  parts  of  the 
country,  which  the  more  prudent  and  conciliatory  wish  to 
avoid. 

Mr.  Monroe  was  not  so  great  a  philosopher  as  Jefferson, 
nor  so  learned  as  Madison  ;  but  he  possessed  more  practical 
knowledge,  or  was  more  desirous  of  pursuing  that  which 
was  useful  than  of  adopting  new  theories,  or  of  supporting 
his  own  speculative  views  in  opposition  to  public  opinion. 
He  faithfully  strove  to  defend  and  to  promote  the  great  in- 
terests of  the  republic ;  but  sought  not  for  impracticable 
good,  in  ways  discovered  only  to  his  contemplative  imagi- 
nation. He  had  as  much  regard  for  humanity,  and  was 
as  sincere  a  lover  of  his  kind,  as  Mr.  Jefferson ;  but  he  fol- 
lowed more  truly  the  beaten  path  of  common  sense,  and 
adhered  more  cautiously  to  the  plain  maxims  sanctioned 
by  experience,  and  shown  by  past  history  to  be  essential  to 
the  welfare  of  society. 


1825]  adams.  305 


CHAPTER  XII. 

Mr.  Adams  elected  President  by  the  House  of  Representatives.  His  Political 
Views  and  Policy  similar  to  those  of  Mr.  Monroe.  His  eminence  as  a 
Statesman.  In  favor  of  Internal  Improvements.  The  Minority  Opposed 
to  him,  Large  and  Powerful.  Unjustly  charged  with  Extravagance  in  Public 
Expenditures — And  with  a  disposition  to  accumulate  Power  by  the  Gen- 
eral Government.  Attentive  and  able  in  his  Negotiations.  Made  few  ap- 
pointments by  the  removal  of  Public  Officers.  Difficulties  with  State  of 
Georgia,  relating  to  the  Indians  in  that  State.  Objections  in  Congress  to 
Expenditures  for  internal  Improvements,  and  Surveys  for  Canals,  &c.  Dis- 
cussions respecting  anew  Tariff  of  Duties;  And  the  Protection  of  Domestic 
Manufactures.  Envoys  to  Republics  of  South  America — to  Congress  of  Pa- 
nama. Judiciary  Department.  Officers  entitled  to  Half  Pay.  Grants  of 
Public  Lands  for  Schools. 

John  Quincy  Adams,  of  Massachusetts,  was  advanced  to 
the  presidency  of  the  United  States,  in  March,  1825. 
There  was  no  choice  by  the  State  electors ;  and  the  election 
devolved  on  the  House  of  Representatives,  as  provided  by 
the  Constitution,  in  the  event  of  such  a  failure.  Mr.  Ad- 
ams was  one  of  the  two  candidates,*  who  received  the 
greatest  number  of  votes  for  the  presidency  ;  a  majority  of 
States,  as  represented  in  the  House,  were  cast  for  him,  on 
the  first  trial  in  that  body. 

The  political  views  and  opinions  of  Mr.  Adams  did  not 
differ,  in  any  very  important  points,  from  those  of  his  pre- 
decessor. The  policy  and  measures  of  President  Monroe 
were  continued  by  the  present  administration.  They  were 
long  associated  in  the  public  service,  more  or  less  nearly, 
both  at  home  and  abroad.  No  important  measures  of  the 
administration  of  Mr.  Monroe,  it  was  believed,  were  adopted 
without  the  advice  or  consent  of  the  Secretary  of  State, 
the  place  held  by  Mr.  Adams  in  the  cabinet,  during  the 
presidency  of  the  former. 

No  man  in  the  country  had  a  higher  character,  as  a  poli- 
tician, than  Mr.  Adams.  The  education  given  him  by  his 
illustrious  father,  President  John  Adams,  was  designed  to 
qualify  him  for  the  duties  of  public  life,  and  to  make  him 
eminent  as  a  statesman.     And  he  faithfully  improved  his 

*  Andrew  Jackson,  of  Tennessee,  was  the  other;  and  in  1829,  he  suc- 
ceeded Mr.  Adams. 

39 


306  r  FEDERAL  GOVERNMENT.  [1825 

early  advantages.  He  made  great  acquirements  in  general 
literature ;  and  in  diplomacy  was  equal  to  any  individual 
of  his  age  and  time.  The  science  of  civil  government  was 
familiar  to  him  ;  and  he  had  a  strong  attachment  to  repub- 
lican institutions. 

On  one  point,  perhaps,  he  differed  from  his  immediate 
predecessor.     He  expressed  less  regard  for  State  rights,  or 
allowed  more  power  to  the  general   government,  according 
to  his  construction  of  the  Constitution,  than  Mr.  Monroe  did. 
The  latter  considered  the  United  States  government  strictly 
federal ;  the  former  viewed  it  rather  as  a  consolidated,  or 
national  one.     In  their  public  measures,  however,  this  dif- 
ference of  opinion  did  not  often  lead  to  the  exercise  of  greater 
power  by  one  than  the  other.     The  Constitution  was  the 
guide  of  both  ;  but  one  might  approve  an  act   of  Congress 
for  internal  improvements,  from   which  the  other   would 
probably  have  withheld  his  assent,  from  scruples,  as  to  the 
constitutional  authority  of  the  federal  government  for  such 
enterprizes.     Owing  to  opinions  before  formed,  unfavorable 
to  Mr.  Adams,  whether  just  or  unjust,  and  some  circum- 
stances connected  with  his  election,  the  minority,  dissatisfied 
with  his  elevation  to  the  chair  of  the  Union,  was  large  and 
powerful :  and  a  portion  of  them  early  discovered  a  dispo- 
sition to  embarrass  or   misrepresent   his   measures.     But 
another  portion  adopted  the  language  of  one  of  his  rivals 
for  the  Presidency,  and  said,    "let  him  be  judged  by  his 
measures."     He  selected  men  of  ability  to  assist  in  the  ad- 
ministration  of  the  government.     The  federal   legislature 
was  almost  equally  divided,  as  the  political   adherents  or 
opponents   of   President    Adams ;    and   an   influence    was 
exerted,  sufficient  to  perplex  the  ablest  statesman.     The 
public  concerns  of  the  United  States,  both  as  to  foreign  re- 
lations, and  to  the  finances  of  the  government,  had  been  so 
well  directed  by  President   Monroe,  that  no  questions  of 
great  difficulty  presented  for  solution,  or  calculated  to  excite 
strong  party  feelings.     It  was  only  necessary  to  pursue  the 
policy  and  course  already  adopted,  and   to  carry  out  the 
views  expressed  and  the  plans  recommended  by  the  pre- 
ceding administration.* 

*  President  Adams  did  no  more  than  justice  to  his  predecessor,  when  he 
said,  in  his  inaugural  address — "  The  great  features  of  his  policy,  in  general 
concurrence  with  the  will  of  the  people,  has  been  to  cherish  peace,  while  pre- 
paring for  defensive  war;  to  yield  exact  justice  to  other  nations,  and  to  maintain 
the  rights  of  our  own;  to  cherish  the  principles  of  freedom  and  of  equal  rights 
wherever  proclaimed;  to  discharge,  with  all  possible  promptitude,  the  national 
4ebt;  to  reduce  within  the  narrowest  limits  of  efficiency  the   military  force; 


1825]  adams.  307 

The  opinion  of  President  Adams,  touching  the  powers  of 
the  general  or  federal  government,  was  expressed  in  the 
following  passage  in  his  inaugural  address — "  Our  political 
creed  is  without  a  dissenting  voice  which  can  be  heard — 
that  the  will  of  the  people  is  the  source,  and  the  happiness 
of  the  people  the  end,  of  all  legitimate  government  on  earth—* 
that  the  best  security  for  the  beneficence,  and  the  best  guar- 
anty against  the  abuse  of  power,  consists  in  the  freedom, 
purity,  and  the  frequency  of  popular  elections— that  the 
general  government  of  the  Union,  and  the  separate  govern- 
ments of  the  States,  are  all  sovereignties  of  limited  powers  ;# 
fellow-servants  of  the  same  masters ;  uncontrolled  within 
their  respective  spheres ;  uncontrollable  by  encroachments  on 
each  other. '; 

He  referred  to  former  political  parties  and  divisions,  and 
manifested  a  generous  spirit  of  candor  and  magnanimity. 
"  Ten  years  of  peace  at  home  and  abroad  have  assuaged 
the  animosities  of  political  contention,  and  blended  into 
harmony  the  discordant  elements  of  public  opinion.  There 
still  remains  one  effort  of  magnanimity,  one  sacrifice  of 
prejudice  and  passion,  to  be  made  by  the  individuals  through- 
out the  Union,  who  have  heretofore  followed  the  standard 
of  political  party.  It  is  that  of  discarding  every  remnant 
of  rancour  against  each  other ;  of  embracing,  as  country- 
men and  friends,  and  of  yielding  to  talents  and  virtue  alone 
that  confidence,  which,  in  times  of  contention  for  principle, 
was  bestowed  only  upon  those  who  bore  the  badge  of  party 
communion." 

As  the  highest  official  agent  in  administering  the  general 
government,  Mr.  Monroe  had  been  constantly  attentive  and 
faithful.  He  was  entirely  devoted  to  the  great  interests  of 
the  nation,  committed  to  his  guidance  and  superintendence. 
And  the  republic  was  honestly  and  ably  served  during  his 
presidency.  Mr.  Adams  was  no  less  devoted  to  the  public 
welfare,  and  to  the  discharge  of  the  high  duties  which  his 
exalted  station  imposed.  His  first  message  to  Congress, 
presented  in  December,  1825,  gave  a  very  full  and  correct 
view  of  "  the  concerns  of  the  country  with  reference  to  all 

to  provide  and  sustain  a  military  academy;  to  improve  the  organization  and 
discipline  of  the  army ;  to  extend  equal  protection  to  all  the  great  interests  of 
the  nation;  to  promote  the  civilization  of  the  Indian  tribes;  and  to  proceed  in 
the  great  system  of  internal  improvements,  within  the  limits  of  the  constitu- 
tional power  of  the  Union." 

*  This  is  a  different  doctrine  from  those  who  teach  that  the  States  were  not 
sovereignties  in  their  separate  capacity,  and  that  this  high  attribute  belongs  to 
them  only  when  united  as  one  republic,  one  government. 


308  FEDERAL  GOVERNMENT.  [1825 

subjects  interesting  to  the  public  welfare."  It  was  more 
particular  and  more  extended  than  the  communications  of 
the  President  on  any  similar  occasion  ;  and  yet  they  had 
never  been  deficient  or  partial  in  the  statement  given  of  the 
public  affairs  of  the  nation. — The  internal  state  of  the  conn- 
try  was  that  of  entire  tranquillity,  and  its  relations  with 
foreign  governments  were  of  a  pacific  character.  Nothing 
had  occurred  to  interrupt  the  national  repose  or  prosperity. 
The  commercial  intercourse  with  Great  Britain  and  its  col- 
onies, was  not  precisely  such  as  the  government  of  the  United 
States  had  long  wished  to  establish;  but  the  regulations 
adopted  by  neither  on  the  subject  indicated  any  unfriendly 
disposition.  On  several  other  governments  of  Europe  the 
United  States  had  claims  for  depredations,  which  had  been 
committed  on  the  commerce  of  its  citizens,  in  former  years ; 
but  there  was  no  reason  to  apprehend  that  these  disputes 
would  lead  to  war.  It  was  confidently  believed,  on  the 
other  hand,  that  negotiations,  then  and  for  some  time  pend- 
ing, would  lead  to  a  satisfactory  result ;  and  that  indemnity 
for  losses,  in  most  cases,  would  be  granted.  The  govern- 
ments on  which  the  United  States  had  such  claims  were 
France,  Spain,  Naples,  Denmark,  and  the  Netherlands.  By 
the  faithful  application  of  the  executive,  these  demands 
were,  in  great  part,  allowed.* 

As  had  been  done  by  his  predecessor,  President  Adams 
referred  to  the  repeated  efforts  made,  on  the  part  of  the 
United  States,  for  forming  commercial  treaties  with  the 
powers  of  Europe,  where  trade  and  navigation  was  pursued, 
by  American  citizens,  on  terms  of  reciprocity  ;  but  which 
had  not  in  all  cases  been  attended  with  the  success  desired ; 
and  yet  several  European  governments  had  then  recently 
met  the  propositions  of  the  United  States  for  regulating 
commerce  in  a  more  liberal  spirit,  than  was  manifested  some 
previous  years.  While  an  Envoy  in  Europe  at  different 
periods,  and  afterwards  Secretary  of  State  for  foreign  rela- 
tions, Mr.  Adams  had  strenuously  contended  for  placing  the 
commercial  intercourse  of  the  United  States,  particularly 
with  Great  Britain,  on  more  just  and  equal  principles  than 
that  nation  was  willing  to  recognize  and  adopt.  The  trade 
of  England  with  most  other  parts  of  the  world  had  long 
been  pursued  on  exclusive  or  monopolizing  maxims,  which 

*  These  depredations  on  the  commerce  of  the  United  States  were  committed 
principally  by  French  vessels, — some  before  1800,  but  most  of  them  sev- 
eral years  later — and  were  taken  into  the  ports  of  other  nations,  as  well  as 
France,  where  they  were  unjustly  condemned.  The  French  government  had 
then  command  of  the  ports  in  several  other  kingdoms  in  Europe. 


1825]  ADAMS.  309 

contributed  chiefly  to  its  own  wealth  and  prosperity.  The 
state  of  the  national  finances  had  received  no  material 
change  during  the  preceding  year;  but  continued  in  the 
same  prosperous  condition  as  represented  by  Mr.  Monroe, 
the  last  year  of  his  administration.  The  revenue  for  1824, 
had  exceeded  the  anticipations  of  the  treasury  department, - 
and  the  receipts  amounted  to  nearly  twenty-two  millions, 
independently  of  the  sums  authorized  to  be  taken  as  loans.* 
The  expenditures  for  the  same  year,  exceeded  that  amount 
by  nearly  two  millions;  but  there  were  about  two  millions 
ill  the  treasury,  at  the  beginning  of  the  year  ;  eight  millions 
of  the  above  sum  total  had  been  applied  to  pay  the  public 
debt ;  and  more  than  a  million  and  a  half  had  been  "  de- 
voted to  pay  the  debt  of  gratitude  to  the  warriors  of  the 
Revolution."  The  expenditures  for  the  year  included  several 
large  sums,  which  could  not  be  justly  considered  as  making 
part  of  the  ordinary  support  of  government.  Four  millions 
had  been  applied  to  pay  the  interest  on  the  public  debt :  half 
a  million  for  the  increase  of  the  navy ;  more  than  a  million 
for  fortifications  and  the  purchase  of  ordnance;  half  a 
million  for  Indian  annuities  and  purchase  of  their  lands ; 
and  somewhat  over  a  million  for  internal  improvements  and 
surveys,  authorized  by  particular  acts  of  Congress — leaving 
only  seven  millions  expended  for  the  more  immediate  sup- 
port of  the  government,  in  its  legislative,  executive,  and 
judicial  departments. 

The  receipts  from  the  sale  of  public  lands,  which  had 
been  sold  some  time  before,  amounted  to  nearly  two  mil- 
lions ;  and  the  President  expressed  the  opinion,  that  the 
sums  received  from  this  source  in  future  years,  would  in- 
crease. He  recommended  forbearance,  on  the  part  of  the 
government,  towards  those  who  had  previously  purchased 
in  small  lots,  for  actual  settlement. 

The  President  was  authorized  by  acts  of  Congress, 
passed  at  a  former  session,  to  form  treaties  of  friendship 
and  trade  with  the  Indian  tribes  west  of  the  Mississippi  ; 
and  also  with  several  tribes  far  to  the  north,  viz  :  the  Sioux, 
Chippewas,  Sacs,  Foxes,  and  Menomenees :  which  he  now 
notified  Congress  had  been  concluded ;  and  that  large  ad- 
ditional tracts  of  land  had  been  purchased  of  them.  He 
had  been  also  authorized  to  enter  into  a  treaty  with  the 

*  The  exports  for  1825  amounted  to  upwards  of  ninety-two  millions;  and 
sixty-six  millions  were  of  domestic  productions;  a  part  of  which  were  manu- 
factures, but  far  the  greater  portion  products  of  the  soil.  The  imports  for  the 
same  year  somewhat  exceeded  ninety-one  millions.  The  exports  were  of 
greater  amount,  than  in  any  former  year. 


310  FEDERAL  GOVERNMENT.  [1825 

Creeks  and  other  tribes  in  the  vicinity  ;  and  to  survey  and 
make  a  road  from  the  frontier  of  Missouri  to  new  Mexico. 
But  their  consent  had  not  then  been  procured. 

The  President  referred  to  the  memorable  treaty  made 
with  some  chiefs  and  individuals  of  the  Creek  nation  or 
tribes,  at  the  Indian  Springs,  in  February,  1825  ;  and  its 
subsequent  ratification  by  the  Senate  in  March ;  "under 
the  unsuspecting  impression  that  it  had  been  negotiated  in 
good  faith."  A  portion  of  the  tribe  remonstrated  against 
the  treaty,  and  declared  they  were  not  consulted  as  to  the 
terms  on  which  it  was  concluded. 

A  great  excitement  was  produced  among  them  on  this 
account;  and  was  a  source  of  much  perplexity  to  the  gen- 
eral government.  The  majority  of  the  tribe  was  opposed 
to  the  treaty :  but  the  State  of  Georgia,  which  wished  to 
have  the  Indians  removed,  and  to  have  possession  and 
jurisdiction  of  their  territory,  insisted  on  the  fulfilment  of 
the  terms,  which  were  highly  beneficial  to  that  State,  and 
matter  of  just  complaint  with  the  tribe. 

They  complained  particularly  of  severe  and  oppressive 
treatment  from  the  government  of  the  State  of  Georgia ; 
and  of  having  been  deceived  by  the  agents  employed  to 
form  a  treaty  with  them  the  year  preceding.  It  was  al- 
leged, that  those  of  their  tribe  who  assented  to  the  treaty 
of  February,  1825,  were  but  a  small  part  of  the  nation; 
and  that  a  large  majority  were  opposed  to  it.  That  treaty 
had  been  ratified  by  the  executive  soon  after,  (March, 
1825,)  in  the  belief,  that  it  was  made  in  good  faith,  and 
was  agreeable  to  the  greater  part  of  the  tribe.  A  delega- 
tion from  the  tribe  proceeded  to  Washington,  early  in  the 
year  1826,  to  make  a  just  statement ;  to  have  the  treaty 
of  1825  annulled  ;  and  to  conclude  one  on  such  terms  as 
would  be  agreeable  to  the  wishes  of  the  nation. 

There  had  long  been  a  dispute  between  these  people  and 
the  State  government  of  Georgia,  which  claimed  the  terri- 
tory where  they  resided.  The  claims  of  that  State  were 
considered  very  extravagant,  as  they  extended  over  the 
whole  territory  west  of  the  Mississippi  river.  That  State 
was  the  last  to  cede  to  the  United  States  a  wild  but  exten- 
sive territory,  occupied  by  Indian  tribes,  for  the  benefit  of 
the  whole  nation.  The  territories  ceded  by  the  several 
States,  were  indeed  but  a  relinquishment  of  their  respective 
claims;  and  Congress  had  only  the  pre-emptive  right,  by 
virtue  of  such  cessions. 

In  1802,  a  contract  was  made  by  the  federal  government 
with  Georgia';  by  which  that  State  ceded  land  to  the  United 


1825]  ADAMS.  311 

States,  or  to  the  State  of  Mississippi,  which  was  then  only 
a  territorial  government ;  and  the  residue  claimed  by  Geor- 
gia, Congress  engaged  to  guaranty  to  that  State,  to  extin- 
guish the  Indian  claim  ;  and  to  have  them  removed  as  soon 
as  it  could  be  done  peaceably  and  on  reasonable  terms." 

The   federal   government,    which  had    been    invariably 
desirous  of  observing  good  faith  with  the  Indian  tribes,  and 
had   treated  them  with  much   lenity  and  kindness,*  was 
fully  disposed  to  do  justice  to  the  Creeks   in   their  dispute 
with  Georgia,  which  had  now  become  impatient,  that  the 
Indians  were  not  removed,  and  its  occupancy  and  jurisdic- 
tion of  the  territory  confirmed.     Georgia  strongly  urged  on 
the  government  of  the  United  States  the  fulfilment  of  its 
former  promise  to  be  put  in   possession  ;  and  as  the  tribe 
remained,   insisted  on  exercising  jurisdiction   over  them; 
and  set  up  a  claim  also  to  have  the  boundary  line  between 
that  State  and  Mississippi   farther   west   than  had  before 
been  fixed.     Hence  much  difficulty  was  given   to   the  ad- 
ministration, which  was  equally  desirous  to  satisfy  Georgia, 
and  to  do  justice  to  the  Creeks.     The  governor  of  Georgia 
insisted  on  the  removal  of  the  tribe,  and  threatened  to  take 
possession  by  force  of  the  territory,  which  the  State  claimed, 
and  then   occupied  by  the  Indians.     It  was  in  contempla- 
tion of  the  executive  to  resort  to  force,  to  prevent  these  pro- 
ceedings on  the  part  of  Georgia.     At  one  period,  there  ap- 
peared imminent  danger  of  a  collision.     But  a  new  treaty 
was  concluded,  at  Washington,  by  the  federal  government 
with  the  chiefs  of  the  Creek  tribe,  in  March,  1826  ;  and  the 
military  was  not  called  out,  as  was   apprehended   at  one 
time  would  be  done.     The  last   treaty  or  contract  with  the 
Creek  tribe  was  confirmed  in  the  Senate  by  a  vote  of  thirty 
to  seven.     The  treaty  stipulated  for  the  payment  of  a  large 
sum  to  the  tribe,  and  to  guaranty  the  lands,  not  expressly 
ceded  by  them.f     The    difficulty  was  thus   adjusted  for 
some  time ;  but  disputes  arose   soon  after,  with   that  and 
other  tribes  in  the  vicinity  respecting  their  removal. 

*  The  conduct  of  individuals  or  even  of  its  own  agents,  the  government 
could  not  always  control,  nor  wholly  prevent  their  wrong  doings  in  all  in- 
stances. 

t  When  the  House  of  Representative  passed  the  bill  making  appropriations 
to  carry  into  effect  the  treaty  made  with  the  Creeks  in  1826,  the  members 
from  Georgia  opposed  it,  and  entered  their  protest  against  it  in  form;  stating, 
that  in  their  opinion  it  was  unconstitutional,  that  the  former  treaty  of  March, 
1825,  was  the  law  of  the  land;  that  the  treaty  last  concluded  was  injurious  to 
their  State,  and  ought  not  to  have  been  confirmed,  but  with  the  approbation 
of  Georgia. 

By  this  treaty,  it  was  agreed  to  furnish  various  articles  to  such  of  the  tribes 


312  FEDERAL  GOVERNMENT.  [1825 

In  April,  1825,  an  act  was  passed  for  surveys,  under 
the  direction  of  the  President,  for  the  purpose  of  internal 
improvements,  to  be  confined,  however,  to  works  of  a  na- 
tional character  :  and  Congress  was  informed  in  the  annual 
message  at  this  time,  that  the  Board  of  Engineers  had  been 
employed  a  great  part  of  the  year  1825.  They  had  com- 
pleted the  surveys  necessary  to  ascertain  the  practicability 
of  a  canal  from  the  Chesapeake  bay,  to  the  river  Ohio  ;  and 
had  also  made  progress  in  surveys  for  a  national  road  from 
the  seat  of  the  federal  government  to  New  Orleans ;  and 
for  uniting  the  waters  of  the  lake  Memphremagog  with 
the  Connecticut  river. 

Surveys  for  other  works  of  national  importance  had  then 
been  partially  made  :  as  the  continuation  of  the  Cumberland 
road  farther  west ;  a  road  from  Missouri  to  Mexico ;  and 
roads  in  the  territories  of  Florida,  Arkansas,  and  Michigan. 
The  latter,  being  under  the  immediate  and  sole  government 
of  the  United  States,  was  believed  to  justify  these  expend- 
itures for  the  construction  of  public  roads.  The  members 
of  Congress,  who  opposed  appropriations  for  internal  im- 
provements, generally  approved  of  the  surveys  and  works 
mentioned  above. 

After  referring  to  the  progress  made  in  surveys  for  na- 
tional roads  and  canals,  the  President  expressed  an  opinion 
in  favor  of  internal  improvements  in  a  more  enlarged  and 
extended  manner.  He  spoke  of  the  acts  of  European  gov- 
ernments, designed  for  the  general  advancement  of  science, 
and  of  works  of  public  benefit,  in  a  national  view,  as  they 
added  to  the  strength,  prosperity,  or  ornament  of  the  re- 
spective countries.  And  he  intimated,  that  the  general 
grants  of  power  to  the  federal  government  in  the  Constitu- 
tion would  authorize  the  appropriation  of  the  public  funds 
to  various  works  of  national  importance  and  convenience. 
His  predecessor  had  expressed  doubts  of  the  constitutional 
power  of  Congress  for  such  objects,  except  in  cases  of  man- 
ifest public  necessity  and  general  interest.  "  The  great 
object  of  the  institution  of  civil  government" — said  Mr. 
Adams,  when  alluding  to  this  subject — "  is  the  improve- 
ment of  the  condition  of  those  who  are  parties  to  the  social 
compact :  and  no  government,   in  whatever  form  consti- 

as  would,  within  two  years,  remove  to  the  west  of  Mississippi,  their  expenses 
of  removal,  and  also  a  support  for  one  year  after  their  settlement.  A  part  of 
the  Creeks  then  expressed  a  disposition  to  remove  :  and  commissioners  were 
to  be  appointed  by  the  United  States  to  join  with  the  chiefs  of  the  tribe,  to 
survey  and  locate  a  tract  for  them ;  which  was  to  be  without  the  bounds  of 
any  State  or  territory,  and  to  be  permanently  and  inviolably  secured  to  them. 


1825]  adams.  313 

tuted,  can  accomplish  the  lawful  ends  of  its  institution,  but 
in  proportion  as  it  improves  the  condition  of  those  over 
whom  it  is  established.  Roads  and  canals,  by  multiplying 
and  facilitating  the  communications  and  intercourse  between 
distaut  regions,  and  multitudes  of  men,  are  among  the 
most  important  means  of  improvement.  But  moral,  polit- 
ical, intellectual  improvement,  are  duties  assigned  by  the 
Author  of  our  existence,  to  social  no  less  than  to  individ- 
ual man.  For  the  fulfilment  of  those  duties,  governments 
are  invested  with  power  ;  and  to  the  attainment  of  the  end, 
the  progressive  improvement  of  the  condition  of  the  gov- 
erned, the  exercise  of  delegated  power  is  a  duty  as  sacred 
and  indispensable  as  the  usurpation  of  power,  not  granted, 
is  criminal  and  odious.  Among  the  first,  perhaps  the  very 
first  instrument,  for  the  improvement  of  the  condition  of 
men,  is  knowledge ;  and  to  the  acquisition  of  much  of  the 
knowledge,  adapted  to  the  wants,  the  comforts,  and  the 
enjoyments  of  human  life,  public  institutions  and  semina- 
ries of  learning  are  essential." 

These  were  very  correct  and  important  sentiments.  But 
the  question  arose,  whether  the  federal  government  was 
instituted  for  such  purposes ;  or  had  authority  from  the 
Constitution  to  expend  the  public  funds  for  these  various 
objects.  The  State  legislatures,  if  true  to  their  constituents, 
would  not  fail  to  provide  for  such  benefits  and  improve- 
ments. But  the  general  government  was  not  instituted 
with  a  view  to  these  objects.  It  is  one  of  limited  or  spe- 
cific powers.  And  many,  probably  the  majority  of  Con- 
gress and  of  the  people,  believed  the  federal  legislature  was 
not  vested  with  authority  to  construct  works  of  internal 
improvements,  unless  of  a  national  character,  and  such  as 
a  State  was  not  competent  to  accomplish.  If  the  general 
grants  of  power  were  construed  in  an  unrestricted  sense, 
there  would  be  no  limits  to  the  legislation  of  Congress,  even 
in  the  most  minute  and  local  respects.  In  another  part  of 
this  message,  the  President  said — "  The  Constitution,  under 
which  we  are  assembled,  is  a  charter  of  limited  power." 

The  naval  force  of  the  Union — the  message  stated — had 
been  employed  during  the  year  in  the  Mediterranean,  the 
West  Indies,  and  the  coast  of  South  America :  one  public 
ship  had  been  occasionally  cruising  on  the  coast  of  Africa, 
and  one  on  the  coast  of  Labrador  and  the  fishing  grounds 
of  Hudson's  bay.  The  importance  of  a  naval  force,  for  the 
protection  of  the  extensive  and  increasing  commerce  of  the 
United  States,  was  urged  on  the  consideration  of  Congress, 
with  great  emphasis.  The  President  said — "  it  was  the 
40 


314  FEDERAL  GOVERNMENT.  [1825 

only  arm,  by  which  the  power  of  our  confederacy  could  be 
estimated  or  felt  by  foreign  nations,  and  the  only  perma- 
nent military  force,  which  will  not  be  dangerous  to  our 
own  liberties  at  home." — "  A  permanent  naval  peace  estab- 
lishment, therefore,  adapted  to  our  present  condition,  and 
adaptable  to  that  gigantic  growth  with  which  the  nation 
is  advancing  in  its  career,  is  among  the  subjects  which 
have  already  occupied  the  foresight  of  the  last  Congress, 
and  which  will  still  deserve  serious  deliberation.  Our 
navy,  commenced  at  an  early  period  of  our  present  polit- 
ical organization,  upon  a  scale  commensurate  with  our  in- 
cipient energies,  the  scanty  resources  and  the  comparative 
indigence  of  our  infancy,  was  even  then  found  adequate  to 
cope  with  all  the  powers  of  Barbary,  save  the  first ;  and 
with  one  of  the  principal  maritime  powers  of  Europe.  At 
a  period  of  further  advancement,  but  with  little  accession 
of  strength,  it  not  only  sustained  with  honor  the  most  un- 
equal of  conflicts,  but  covered  itself  and  our  country  with 
unfading  glory.  But  it  is  only  since  the  close  of  the  late 
war,  that,  by  the  number  and  force  of  the  ships  of  which 
it  was  composed,  it  could  deserve  the  name  of  a  navy ; 
and  yet  it  retains  nearly  the  same  organization  as  when 
it  consisted  of  only  five  frigates.  The  rules  and  regula- 
tions, by  which  it  is  governed,  urgently  call  for  revision  ; 
and  the  want  of  a  naval  school  of  instruction,  correspond- 
ing with  the  Military  Academy  at  West  Point,  for  the  for- 
mation of  scientific  and  accomplished  officers,  is  felt  with 
daily  increasing  aggravation." 

Mr.  Adams  recommended  the  establishment  of  an  addi- 
tional executive  department,  at  this  time,  to  be  denominated 
the  interior  or  home  department ;  as  the  duties  of  the  Secre- 
tary of  State  had  much  increased,  and  the  foreign  affairs  of 
the  United  States  would  require  his  whole  time.  He  also 
considered  a  revision  of  the  Judiciary  highly  necessary,  on 
account  of  the  increased  and  extended  population  of  the 
country,  since  its  first  establishment.  And  he  suggested 
the  expediency  of  establishing  a  military  post  at  the  mouth 
of  Columbia,  or  Oregon  river;  and  of  a  more  full  explora- 
tion of  the  northwest  coast  of  America,  than  had  before 
been  done. 

The  President  made  a  proposition  to  Congress,  at  this 
time,  of  great  political  interest.  It  was  that  the  United 
States  take  part  in  a  Congress,  to  be  held  at  Panama,  to 
be  composed  of  delegates  from  the  republics  of  Mexico, 
Colombia,  and  Central  America ;  to  deliberate  on  subjects 
of  importance  to  each,  and  in  which  the  welfare  and  in- 


1826]  ADAMS.  315 

terest  of  all  might  be  involved.  These  republics  had  agreed 
to  hold  such  a  meeting,*  and  had  invited  the  United  States 
to  be  there  represented  by  its  ministers  or  delegates.  This 
invitation  had  been  accepted  by  the  President ;  and  he 
gave  Congress  information,  that  ministers  would  be  com- 
missioned to  attend  and  to  take  part  in  the  deliberation,  so 
far  as  might  be  compatible  with  the  neutral  state  and  char- 
acter which  it  was  the  interest  and  intention  of  the  fed- 
eral government  to  maintain. 

This  proved  a  subject  of  much  discussion  in  Congress ; 
and  several  members  complained,  that  the  President  had 
exceeded  his  constitutional  authority,  by  accepting  the  in- 
vitation to  join  in  the  Congress  proposed.  It  was  contended, 
that  he  should  have  had  an  opinion  of  Congress  in  favor 
of  a  declaration  to  accept  it;  especially,  the  approbation 
and  advice  of  the  Senate  for  such  a  measure.  Congress 
had,  indeed,  two  years  before,  passed  a  resolution  author- 
izing the  President  to  appoint  a  minister  to  either  of  the 
South  American  republics,  which  had  asserted  and  long 
maintained  their  independence,  if  in  his  opinion  it  should 
be  proper  for  purposes  of  trade,  or  the  welfare  of  the  United 
States.  But  the  present  proposal  was  of  an  entirely  dif- 
ferent character,  and  not  justified  by  the  former  resolution 
of  Congress.  For  this  plan  might  commit  the  peace  of  the 
Union,  and  involve  the  country  in  a  war,  provoked  or  oc- 
casioned wholly  by  the  conduct  of  the  South  American 
republics.  And  it  was  believed,  that,  for  the  purposes  both 
of  commerce  and  of  friendship,  an  Envoy  at  each  separate 
republic  would  be  sufficient.  The  President  had  indeed 
observed,  that  the  Envoys  sent  to  the  proposed  Congress 
would  be  instructed  not  to  enter  into  an  alliance  merely 
political,  or  for  the  purpose  of  uniting  the  destinies  of  the 
United  States  with  those  of  the  republics  in  the  south ; 
but  he  believed  it  might  be  of  great  benefit  to  the  nation 
to  have  delegates  present  at  the  intended  meeting,  if  they 
did  not  take  so  full  and  decided  a  part  in  the  proceedings 
as  those  who  had  invited  them  should  desire,  nor  give  any 
pledges  of  an  alliance  of  any  sort.  The  House  of  Represen- 
tatives called  for  further  statements  from  the  President,  as 
to  the  views  of  those  who  proposed  the  Congress  of  Pan- 
ama, and  invited  the  United  States  to  take  part  in  the  meet- 


*  It  was  supposed  to  be  first  suggested  by  General  Bolivar,  some  time  at 
the  head  of  the  republic  of  Colombia;  and  that  Peru  and  Chili  should  also 
join  in  it.  The  views  of  Bolivar  were  to  form  a  close  alliance,  and  to  pledge 
mutual  assistance  to  resist  European  aggressions. 


316  FEDERAL  GOVERNMENT.  [1826 

ing ;  and  also  as  to  his  views  respecting  the  powers  and 
instructions  he  should  give  to  such  delegates,  if  they  were 
commissioned.  So  far  as  the  views  of  the  President  were 
expressed  in  his  public  message,  they  were  not  liable  to 
exception,  but  were  just  and  prudent ;  nor  did  it  appear 
that  he  was  more  disposed  to  assent,  or  to  establish  any 
connection  with  the  new  republics  in  the  south,  than  his 
predecessor  had  been. 

The  committee  of  the  Senate,  which  had  the  subject  un- 
der consideration  several  weeks,  reported,  in  March,  that  it 
was  inexpedient  to  send  Envoys  from  the  United  States  to 
the  proposed  Congress.  But  the  report  was  not  accepted ; 
there  being  only  nineteen  votes  in  favor  of  the  report,  and 
twenty-four  against  it.  And  the  nomination  of  two  persons, 
as  delegates  to  the  meeting  at  Panama,  was  then  confirmed 
by  a  similar  majority  of  the  Senate.  One  of  them,  Mr. 
Sargent  of  Pennsylvania,  afterwards  proceeded  on  the  mis- 
sion ;  but  the  Congress  was  not  hold  en  as  had  been  proposed, 
Perhaps  it  was  fortunate  for  the  character  and  welfare  of 
the  United  States,  that  it  failed.  It  would  have  jeoparded 
the  peace  of  the  nation,  and  have  also  been  a  deviation  from 
the  settled  policy  of  the  government  to  form  a  confederacy 
of  any  sort  with  the  Mexican  and  South  American  repub- 
lics ;  commercial  objects  could  be  sufficiently  promoted  by 
separate  treaties  with  each.  And  having  accepted  the  invi- 
tation to  attend  the  Congress,  and  commissioned  agents  to 
be  present,  the  United  States  seemed  to  give  a  pledge  to 
take  part  in  the  designs  of  the  confederacy ;  and  a  refusal 
then  to  unite  in  the  general  objects  of  the  Convention  would 
have  given  offence,  and  produced  future  difficulties.  It  was 
evidently  the  desire  of  those  who  invited  the  United  States 
government  to  send  deputies  to  the  Congress  of  Panama, 
that  it  should  unite  effectually  with  the  new  republics  in 
the  south,  for  political  purposes,*  even  to  a  forcible  re- 
sistance to  any  efforts  by  European  governments  to  estab- 
lish their  former  power  over  those  provinces.  But  to  this 
the  people  of  the  United  States  were  strongly  opposed ;  and 
therefore  generally  disapproved  of  the  federal  government 
taking  any  part  in  the  projects  or  deliberations  of  that  con- 
vention. 

The  motives  of  the  executive  were  admitted  to  be  laud- 
able and  patriotic ;  and  his  ready  acceptance  of  the  invita- 
tion to  have  delegates  from  the  United  States  in  the  pro- 

*  A  treaty  of  amity  and  commerce  was  made  with  Colombia,  in  October, 
1824  ;  and  with  Central  America,  in  December,  1825. 


1826]  ADAMS.  317 

posed  Congress,  was  proof  of  his  desire  to  favor  and  support 
the  great  cause  of  civil  liberty  ;  but  the  conduct  of  the  Presi- 
dent was  not  approved,  in  declaring  that  delegates  should 
attend,  without  having  the  express  sanction  of  Congress,  or 
the  previous  opinion  of  the  Senate  in  favor  of  the  measure. 
It  was  said,  that  the  President  had  exceeded  his  constitu- 
tional power,  by  promising  to  send  delegates  to  the  proposed 
Congress,  without  knowing  the  views  of  the  Senate,  the 
co-ordinate  branch  of  government,  possessed  of  authority  to 
form  treaties.  And  that,  as  the  powers  of  the  delegates  to 
such  a  body  as  the  Congress  of  Panama  was  understood  to 
be,  would  far  exceed  those  of  common  Envoys,  and  might 
lead  to  most  important  and  extensive  results,  affecting  the 
future  destiny  of  the  United  States,  a  solemn  act  of  the  na- 
tional legislature  would  be  necessary  to  justify  the  measure. 
An  objection  was  also  made  to  the  measure,  from  the  con- 
sideration that  the  question  of  slavery  was  to  be  discussed 
in  the  Congress  proposed.  This  objection  was  urged  by 
members  of  the  Senate  from  some  of  the  slave  holding  States, 
who  believed  that  principles  might  be  recognized  on  the  sub- 
ject, and  plans  concerted,  which  would  interfere  with  the  con- 
tinuance of  slavery  in  any  part  of  the  United  States ;  which 
would  be  contrary  to  the  spirit  of  the  federal  Constitution, 
and  produce  incalculable  evils  in  the  southern  parts  of  the 
Union. 

Had  the  declarations  of  the  President,  contained  in  his 
message  relating  to  this  subject,  been  carefully  and  can- 
didly considered  by  the  members  of  Congress,  there  prob- 
ably would  have  been  less  censure  expressed  as  to  his 
conduct.  Whether  the  measure  was  a  wise  one,  was  in- 
deed a  question  of  very  great  importance,  and  required  ma- 
ture deliberation,  as  it  might  be  followed  by  results  injuri- 
ous to  the  welfare  of  the  United  States.  And  it  was,  there- 
fore, a  proper  subject  of  consideration  with  Congress, 
whether  delegates  should  be  sent  to  the  Convention  at 
Panama.  But  an  opinion  different  from  that  given  by  the 
President,  might  have  justly  been  expressed  by  members  of 
Congress,  without  impeaching  the  judgment  or  the  motives 
of  the  executive.  That  the  President  proposed  no  more 
than  to  employ  Envoys  to  attend  the  meeting  at  Panama, 
where  the  republics  of  Mexico,  Central  America,  (Guati- 
mala.)  Colombia,  Peru,  and  Chili,  would  be  represented, 
will  appear  from  a  reference  to  his  message  to  Congress  on 
the  subject.  "  With  regard  to  the  objects  in  which  the 
agents  of  the  United  States  are  expected  to  take  part  in  the 
deliberations   of  that  Congress,  [at  Panama,]  I  deem  it 


318  FEDERAL  GOVERNMENT.  [1826 

proper  to  premise,  that  these  objects*  did  not  form  the  only 
nor  even  the  principal  motive  for  my  acceptance  of  the  in- 
vitation. My  lirst  and  greatest  inducement  was,  to  meet  in 
the  spirit  of  kindness  and  friendship,  an  overture  made  in 
that  spirit  by  three  sister  republics  of  this  hemisphere. 

"  Among  the  topics  enumerated,  as  intended  to  be  pre- 
sented for  discussion  at  Panama,  there  is  scarcely  one  in 
which  the  result  of  the  meeting  will  not  deeply  affect  the 
interests  of  the  United  States.  Even  those  in  which  the 
belligerent  States  alone  will  take  an  active  part,  will  have 
a  powerful  effect  upon  the  state  of  our  relations  with  the 
American,  and  probably  with  the  principal  European  States. 
Were  it  merely  that  we  might  be  correctly  and  speedily 
informed  of  the  proceedings  of  the  Congress,  and  of  the 
progress  and  issue  of  their  negotiations,  I  should  hold  it 
advisable  that  we  should  have  an  accredited  agency  with 
them,  placed  in  such  confidential  relations  with  the  other 
members,  as  would  ensure  the  authenticity,  and  the  safe 
and  early  transmission  of  its  reports.  Of  the  same  enumer- 
ated topics  are  the  preparation  of  a  manifesto,  setting  forth 
to  the  world  the  justice  of  their  cause,  and  the  relations 
they  desire  to  hold  with  other  Christian  powers ;  and  to 
form  a  convention  of  navigation  and  commerce,  applicable 
both  to  the  confederated  States  and  to  their  allies.  Most 
of  the  new  American  republics  have  declared  their  assent 
to  the  doctrine,  that  no  European  power  has  a  right  to  es- 
tablish future  colonies  in  either  continent  of  America ;  and 
they  now  propose,  among  the  subjects  of  consultation  at 
Panama,  to  take  into  consideration  the  means  of  making 
effectual  the  assertion  of  that  principle,  as  well  as  the 
means  of  resisting  interference  from  abroad  with  the  do- 
mestic concerns  of  the  American  governments. 

"  In  alluding  to  these  means,  it  would  obviously  be  pre- 
mature at  this  time,  to  anticipate  that  which  is  offered 
merely  as  matter  for  consultation :  or  to  pronounce  upon 
those  measures  which  have  been  or  may  be  suggested. 
The  purpose  of  this  government  is  to  concur  in  none  which 
would  import  hostility  to  Europe,  or  justly  excite  resent- 
ment in  any  of  her  States.  Should  it  be  deemed  advisable 
to  contract  any  conventional  agreement  on  this  topic,   our 

*  So  far  as  stated  by  the  authorities  of  Colombia,  which  gave  the  invitation,  the 
objects  were  political  as  well  as  commercial  ;  and  had  in  view  an  alliance  for 
the  defence  of  republican  principles  and  institutions,  in  opposition  to  any  inter- 
ference from  European  governments.  But  there  was  some  vagueness  in  the 
language  of  the  paper  containing  the  invitation  ;  and  this  was  one  objection 
to  sending  any  agents  to  Panama. 


1826]  ADAMS.  319 

views  would  extend  no  further  than  to  a  mutual  pledge  of 
the  parties  to  the  compact,  to  maintain  the  principle,  in 
application  to  its  own  territory,  and  to  permit  no  colonial 
lodgments,  or  establishment  of  European  jurisdiction  upon 
its  own  soil — and  with  respect  to  the  obtrusive  interference 
from  abroad,  if  its  future  character  may  be  inferred  from 
that  which  has  been,  and  perhaps  still  is  exercised  in  more 
than  one  of  the  new  States,  a  joint  declaration  of  its  char- 
acter, and  exposure  of  it  to  the  world,  may  be  probably  all 
that  the  occasion  would  require.  And  whether  the  United 
States  should  or  should  not  be  a  party  to  such  a  declara- 
tion, may  justly  form  a  part  of  the  deliberation. 

"  That  there  is  an  evil  to  be  remedied,  needs  little  in- 
sight into  the  secret  history  of  late  years,  to  know,  and 
that  this  remedy  may  be  best  concerted  at  the  Panama 
meeting,  deserves  at  least  the  experiment  of  consideration. 
A  concert  of  measures,  having  reference  to  the  more  ef- 
fectual abolition  of  the  African  slave  trade,  and  the  consid- 
eration of  the  light  in  which  the  political  condition  of  the 
island  of  Hayti  is  to  be  regarded,  are  also  among  the  sub- 
jects mentioned  by  the  minister  from  the  republic  of  Colom- 
bia, as  suitable  for  deliberation  at  the  proposed  Congress. 

"  And  lastly,  the  Congress  of  Panama  is  believed  to 
present  a  fair  occasion  for  urging  upon  all  the  new  States 
of  the  south,  the  just  and  liberal  principles  of  religious  lib- 
erty; not  by  any  interference  whatever  in  their  internal 
concerns,  but  by  claiming  for  our  citizens,  whose  occupa- 
tions or  interests  may  call  them  to  occasional  residence  in 
their  territories,  the  inestimable  privilege  of  worshipping 
their  Creator  according  to  the  dictates  of  their  own  con- 
sciences.* 

"  Under  all  these  circumstances,  the  government  of  the 
United  States,  far  from  consulting  the  dictates  of  a  policy 
questionable  in  its  morality,  yielded  to  an  obligation  of 
duty  of  the  highest  order,  by  recognizing  as  independent 
States,  nations,  which  after  deliberately  asserting  their 
rights  to  that  character,  have  maintained  and  established 
it  against  all  the  resistance,  which  had  been  or  could  be 
brought  to  oppose  it.  This  recognition  is  neither  intended 
to  invalidate  any  right  of  Spain,  nor  to  affect  the  employ- 
ment of  any  means,  which  she  may  yet  be  disposed  or  en- 

*  While  this  declaration  was  deemed  highly  honorable  to  the  President,  as 
a  man  and  a  Christian,  it  was  considered  by  some  individuals  to  be  improper 
in  his  official  station,  as  chief  magistrate  of  a  political  government,  which  had 
no  authority  in  religious  concerns  ;  and  as  delegates  of  the  United  tStutes 
would  attend,  if  they  attended  at  all,  chiefly  for  commercial  purposes. 


320  FEDERAL  GOVERNMENT.  [1826 

abled  to  use,  with  the  view  of  reuniting  those  provinces  to 
the  rest  of  her  dominions.  It  is  the  mere  acknowledgment 
of  existing  facts,  with  a  view  to  the  regular  establishment, 
with  the  nations  newly  formed,  of  those  relations,  political 
and  commercial,  which  it  is  the  moral  obligation  of  civil- 
ized and  Christian  nations  to  entertain  reciprocally  with 
one  another. 

"  I  can  scarcely  deem  it  otherwise  than  superfluous  to 
observe,  that  the  assembly  will  be,  in  its  nature,  diplomatic, 
and  not  legislative  :  that  nothing  can  be  transacted  there 
obligatory  upon  any  one  of  the  States  to  be  represented  at 
the  meeting,  unless  with  the  express  concurrence  of  its 
own  representatives ;  nor  even  then,  but  subject  to  the  rati- 
fication of  its  constitutional  authority  at  home  :  the  faith 
of  the  United  States  to  foreign  powers  cannot  otherwise  be 
pledged.  I  shall,  indeed,  in  the  first  instance,  consider  the 
assembly  merely  as  consultative :  and  although  the  pleni- 
potentiaries of  the  United  States  will  be  empowered  to  re- 
ceive, and  refer  to  the  consideration  of  their  government, 
any  proposition  from  the  other  parties  in  the  meeting,  they 
will  be  authorized  to  conclude  nothing,  unless  subject  to 
the  definitive  sanction  of  this  government,  in  all  its  consti- 
tutional forms.  It  has  therefore  seemed  to  me  unnecessary 
to  insist,  that  every  object  to  be  discussed  at  the  meeting, 
should  be  specified  with  the  precision  of  a  judicial  sentence, 
or  enumerated  with  the  exactness  of  a  mathematical 
demonstration."  * 

*  Very  elaborate  speeches  Were  made  in  Congress,  while  this  subject  was 
under  consideration.  In  favor  of  having  delegates  from  the  United  States  in 
the  proposed  meeting  at  Panama,  were  Webster  and  Everett  of  Massachusetts, 
Verplanck  of  New  York,  McLane  of  Delaware  ;  and  opposed  to  it,  Barbour, 
Rives  and  Archer  of  Virginia,  Hamilton  and  McDuffee  of  South  Carolina,  and 
Forsyth  of  Georgia.  In  the  course  of  the  debate,  various  amendments  were 
proposed  to  the  resolution,  the  most  material  was  one  offered  by  McLane  of 
Delaware,  to  this  effect — that  no  promise  or  pledge  be  given  by  the  delegates, 
by  which  the  United  States  would  be  bound  to  take  part  in  any  disputes  be- 
tween the  South  American  States  and  Spain  ;  or  to  enter  into  any  political 
alliance.  The  amendment  was  opposed,  as  it  was  believed  to  interfere  with 
the  prerogative  of  the  executive. 

The  following  remarks  on  the  message  of  the  President  to  Congress — in 
which  he  stated  his  views,  at  great  length,  respecting  the  proposed  meeting,  at 
Panama,  of  delegates  from  the  United  States,  Mexico,  and  the  republics  of 
Central  South  America — appeared  in  a  London  paper  of  April  following  : 

"  A  more  important  state  paper  has  rarely  been  submitted  to  public  con- 
sideration. It  announces,  with  great  distinctness,  the  policy  intended  to  be 
pursued  by  the  United  States,  in  their  intercourse  with  the  new  nations  of 
America  :  and  its  tone,  (with  some  slight  exceptions,)  is  sufficiently  calm  and 
moderate.  Our  only  doubt  is,  whether  the  actuating  spirit  of  the  whole,  be 
not  a  larger  ambition  than  perhaps  the  President  would,  even  to  himself,  be 
disposed  to  own. 


1826]  adams.  321 

Much  of  the  time  of  Congress,  during  the  months  of  Jan- 
uary, February,  and  March,  of  this  session,  (1826.)  was 
occupied  in  discussing  propositions  to  alter  the  Constitution, 
relating  to  the  election  of  President,  with  a  view  to  prevent 
a  choice  by  the  House  of  Representatives,  and  to  provide 
for  the  election,  by  agents  of  the  people  in  the  several 
States,  chosen  for  that  express  purpose.  The  propositions 
offered  on  this  subject,  contemplated  a  second  trial  by  the 

•'  We  have  always  found  a  great  awkwardness  and  difficulty  in  speaking  of 
the  United  States  as  a  nation,  for  want  of  one  simple  and  expressive  term  by 
which  to  designate  them.  ISow  that  America  is  divided  into  several  indepen- 
dent sovereignties,  it  becomes  absurd  to  call  any, one  of  them  the  American 
government.  The  people  of  the  United  States  are  now,  for  the  first  time, 
surrounded  by  communities  just  rising  into  political  existence  ;  each  of  which 
is  far  inferior  to  them,  in  population,  wealth,  in  military  and  naval  force,  in 
science,  in  experience,  in  all  the  elements  of  power,  physical  and  moral. 
These  nations  must  of  course  form  a  system  of  international  communion  with 
each  other  ;  and  of  that  system,  the  United  States  evidently  wish  to  place 
themselves  at  the  head.  We  do  not  say,  that  the  desire  of  influence  thus 
evinced  is  unnatural  ;  nor  do  we  assert  that  it  is  absolutely  impolitic  ;  but  it 
does  appear  to  us  to  demand  the  vigilance  of  other  great  powers  ;  and  more 
especially  of  the  greatest  power  at  present  existing,  our  own.  It  is  perhaps 
a  flattering  reflection  to  those 

4  Who  speak  the  tongue 
That  Shakspeare  spoke,  the  faith  and  morals  bold 
Which  Mikon  held,' 

to  consider,  that,  in  each  hemisphere,  the  nation  manifestly  outshining  all 
the  others,  is  British,  in  birth,  and  language,  and  spirit.  If  the  continent  of 
America,  with  its  dependent  islands,  could  be  wholly  separated,  in  views  and 
interests,  from  the  other  quarters  of  the  globe,  we  should  feel  a  just  national 
pride,  that  the  sons  of  our  ancestors  held,  in  those  remote  regions,  the  balance 
of  power,  and  guided  the  march  of  civilization.  Perhaps  some  such  political 
vision  may  have  crossed  the  mind  of  Mr.  Adams  ;  for  he  says,  •  America  has 
a  set  of  primary  interests,  which  have  none  or  a  remote  relation  to  Europe, 
and  therefore  the  interference  of  Europe  in  those  concerns  should  be  sponta- 
neously withheld.'  To  this  doctrine,  we  cannot  entirely  subscribe.  We  ad- 
mit, that  there  are  many  modes,  in  which  the  European  powers  ought  not  to 
interfere.  For  instance,  the  members  of  the  Holy  Alliance  should  not  pretend 
to  dictate  to  the  ex-colonies  of  Spain  any  terms  of  concession,  much  less  of 
submission,  to  the  mother  country  :  but  it  is  by  no  means  so  clear  to  us,  that 
there  are  not  many  primary  interests  of  the  American  nations,  with  which  it 
would  be  no  less  just  or  politic  in  us,  than  in  the  people  of  the  United  States, 
to  interfere  :  and,  at  all  events,  we  should  have  an  undoubted  right  to  oppose 
the  interference  of  any  power  whatever,  if  it  were  pushed  so  far  as  to  conflict 
with  our  own  welfare. 

"  The  President  says,  f  the  first  principle  which  will  guide  the  United  States, 
in  their  intercourse  with  the  new  nations,  is  disinterestedness.'  This  is,  no 
doubt,  highly  laudable  in  intention,  and  we  have  only  to  hope  that  it  will  be 
constantly  followed  in  practice.  The  next  principle  is,  good  will,  which  we 
see  no  reason  to  question.  The  third,  and  rather  more  tangible  principle,  is 
reciprocity.  These  are  all  the  principles  which  Mr.  Adams  enumerates  ;  but 
it  appears  to  us,  we  confess,  that  the  objects,  which  he  afterwards  states,  as 
likely  to  come  into  discussion  at  Panama,  do  not  lie  within  quite  so  narrow  a 
circle." 

41 


322  FEDERAL  GOVERNMENT.  [1826 

people,  or  their  immediate  agents,  when  there  should  be  no 
choice  at  the  first  time  of  voting.  The  desire  to  alter  the 
Constitution  in  this  respect,  was  the  more  general  and  the 
more  earnest,  as  the  then  late  election  of  President  had  de- 
volved on  the  House  of  Representatives,  in  consequence  of 
there  being  no  choice  by  the  electoral  colleges  in  the  several 
States.  It  was  urged,  that  in  the  event  of  an  election  of 
President,  by  the  Representatives,  there  would  be  an  oc- 
casion for  undue  influence,  and  for  intrigue  ;  and  it  was 
even  pretended,  that  such  influence  and  intrigue  had  been 
exerted  in  the  recent  election  of  the  chief  magistrate  of  the 
Union.  There  was  no  evidence  of  such  influence,  nor  was 
it  even  rendered  probable  that  any  corrupt  measures  had 
been  pursued  in  making  the  election.  But  the  political 
enemies  of  the  President  seized  upon  the  occasion,  to  ren- 
der him  unpopular,  and  to  press  an  alteration  of  the  Con- 
stitution, for  the  purpose  of  preventing  an  election  by  the 
House  of  Representatives  at  any  future  period.  The  prop- 
ositions were  various,  as  to  the  mode  of  securing  an  elec- 
tion by  the  people,  by  the  several  States,  and  no  specific 
amendment  was  agreed  upon  by  the  requisite  majority,  to 
be  offered  to  the  people.  Many  members  of  Congress  were 
opposed  to  all  the  propositions  presented  for  an  alteration 
of  the  Constitution ;  believing  that  the  mode  pointed  out 
was  attended  with  as  little  difficulty  or  danger  as  any 
which  had  been  or  could  be  proposed.* 

The  question  of  a  general  bankrupt  law  was  again  dis- 
cussed during  this  session  of  Congress,  and  there  was  a 
prospect,  at  one  period,  that  a  law  would  have  been  passed 
on  the  subject.  Some  of  the  ablest  men  then  in  the  national 
legislature  were  advocates  for  such  a  law,  in  the  belief  that 
it  would  prove  highly  beneficial  to  the  merchants  and 
other  traders,  while  it  could  not  operate  injuriously  to  any 
other  classes  in  the  community.  The  opinion  of  the  ma- 
jority was  favorable  to  an  extension  of  the  provisions  and 
benefits  of  the  bill  to  other  classes  of  citizens,  and  different 
views  were  expressed  with  reference  to  some  of  the  details, 
and  no  law  was  matured  on  the  subject. 

The  power  of  Congress  to  appropriate  the  public  funds 
for  internal  improvements,  especially  for  roads,  the  util- 
ity  of  which   were   necessarily  limited   to  a  part  of  the 


*  Mr.  Everett  of  Massachusetts,  opposed  the  proposition  with  great  ability 
and  eloquence  ;  and  contended  that  the  will  of  the  people  was  as  sure  to  be 
followed  in  the  present  manner  of  electing  the  President,  as  by  any  method 
which  was  proposed. 


1826]  ADAMS.  323 

nation,  was  under  consideration  again  with  the  federal 
legislature,  at  this  time.  The  question  arose  on  a  propo- 
sition to  expend  a  further  sum  for  repairing  and  extending 
the  Cumberland  road.  This  road  was  considered  of  great 
national  advantage  and  convenience;  as  it  furnished  a 
commodious  way  from  the  Atlantic  settlements  to  the  Ohio 
river,  and  to  the  extensive  and  populous  country  in  the 
valley  of  the  Mississippi,  west  of  the  Alleghany  mountains. 
Some  members  favored  this  project,  who  were  opposed  to 
internal  improvements  generally,  by  Congress,  on  the  prin- 
ciple, that  the  Constitution  gave  no  power  for  the  purpose. 
On  several  occasions,  when  the  subject  was  presented, 
Congress  was  nearly  equally  divided.  But  after  the  road 
was  opened  and  made,  it  was  considered  proper,  by  those 
who  usually  voted  against  internal  improvements,  that  the 
Cumberland  road  should  be  repaired,  and  put  in  a  good 
condition  for  travel ;  and  that  it  was  as  proper  to  extend  it 
still  farther  west,  as  to  have  made  it  to  the  Ohio  river. 

President  Madison  and  President  Monroe  had  been  op- 
posed to  internal  improvements  by  Congress,  except  for 
national  objects  of  evident  necessity,  or  great  importance. 
In  March,  1806,  when  Mr.  Jefferson  was  President,  an  act 
was  passed  for  making  a  road  from  Cumberland,  in  the 
State  of  Maryland,  or  near  that  place,  and  on  the  north 
bank  of  the  Potomac  river,  to  the  river  Ohio.  Afterwards, 
and  at  different  periods,  money  was  appropriated  to  finish 
and  repair  the  road.  It  was  now  brought  forward  in  the 
general  appropriation  bill,  an  item  of  which  was  eighty 
thousand  dollars  for  repairs  of  this  road,  and  also  for  its 
continuance  farther  west.  The  appropriation  was  opposed 
by  those  who  doubted  the  authority  of  Congress  to  expend 
money  for  such  objects ;  while  others,  who  were  reluctant 
in  voting  money  for  internal  improvements  on  general  prin- 
ciples, were  in  favor  of  the  appropriation  in  this  case,  as  it 
would  be  of  great  public  convenience ;  and  as  the  road,  to 
be  useful  at  all,  imperiously  required  repairs.  In  1820, 
Congress  also  authorized  the  President  to  cause  a  road  to 
be  laid  out  from  the  river  Ohio  to  the  Mississippi,  which 
was  to  be  a  continuation  of  the  Cumberland  road. 

The  vote,  at  this  time,  for  an  appropriation  to  repair  the 
Cumberland  road,  indicated  the  views  of  members  of  Con- 
gress on  the  subject  of  internal  improvements ;  for  it  was 
long  discussed,  and  several  members  went  fully  into  the 
constitutionality  of  this  and  similar  measures.  In  the 
Senate,  the  votes  given,  were  twenty-three  in  favor  and 
fifteen  against  the  appropriation.     And  in  the  House  of 


324  FEDERAL  GOVERNMENT.  [1826 

Representatives,  they  were  ninety-two  to  sixty-three.  And 
at  the  same  session,  Congress  authorized  the  executive  to 
subscribe  on  behalf  of  the  government  for  shares  in  the 
Dismal  Swamp  canal,  so  called,  within  the  State  of  Vir- 
ginia, to  the  amount  of  sixty  thousand  dollars ;  which  was 
a  direct  recognition  of  the  power  of  Congress  to  construct 
works  for  the  public  convenience.  An  act  was  also  passed 
for  a  survey  in  Florida,  with  a  view  to  construct  a  canal 
across  the  peninsula,  from  the  Atlantic  to  the  Gulf  of 
Mexico. 

At  this  session,  a  bill  was  reported  by  the  committee  on 
the  Judiciary,  providing  for  the  appointment  of  two  ad- 
ditional Justices  of  the  Supreme  Court  of  the  United 
States  ;  and  for  holding  Circuit  Courts  in  the  western  parts 
of  the  Union,  in  more  places  than  was  required  by  the 
former  laws  of  Congress.  The  population  had  greatly  in- 
creased in  that  section  of  the  country,  and  the  public 
business  called  for  a  larger  number  of  Judges,  and  for 
additional  places  of  holding  the  federal  courts.  But  a 
disagreement  arose  between  the  Senate  and  the  House  of 
Representatives,  respecting  the  extent  of  the  respective 
circuits  proposed  to  be  formed,  and  no  law  was  passed  on 
the  subject.  The  conduct  of  the  Senate  in  this  affair,  was 
very  singular,  and  gave  occasion  to  some  severity  of  re- 
mark. The  joint  committee  of  the  Senate  and  House  of 
Representatives  had  agreed  to  the  provisions  of  the  bill  re- 
ported, but  the  former  subsequently  made  an  alteration  of 
incommodious  practical  effect,  by  proposing  new  circuits, 
of  unequal  territory  or  population ;  and,  with  great  per- 
tinacity, adhered  to  the  changes  they  proposed  in  the 
original  bill,  when  desired  by  the  House  to  have  a  com- 
mittee of  conference,  as  is  usual  in  all  similar  cases.  The 
majority  for  the  original  bill,  in  the  House,  was  very  large ; 
for  it  was  so  formed  as  evidently  to  consult  the  public 
convenience ;  and  no  reason  was  given  by  the  Senate  to 
justify  the  course  pursued  in  that  branch  of  the  legislature. 
Whether  it  were  owing  to  party  views,  or  to  a  spirit  of 
mere  caprice,  was  uncertain  and  conjectural. 

A  law  was  passed  during  this  session  of  the  national 
legislature,  directing  the  appropriation  of  land,  for  the  sup- 
port of  schools  in  all  the  townships  and  parts  of  townships 
belonging  to  the  United  States,  where  lots  had  not  been 
previously  set  apart  for  that  object.  There  was  an  act  of 
Congress,  of  a  former  date,  granting  a  lot  of  land  for  schools 
or  academies,  in  surveying  townships  on  the  public  do- 
mains.    It  was  now  required,  that  similar  appropriations 


1S26]  ADAMS.  325 

be  made  in  fractional  parts  of  townships ;  and  no  one 
doubted  the  right  of  Congress  to  make  such  appropriations. 
But  those  disposed  to  a  strict  construction  of  the  Constitu- 
tion might  have  said,  that  all  the  public  lands  should  be 
sold  for  the  benefit  of  the  public  treasury,  and  none  granted 
for  schools  or  roads. 

This  was  a  protracted  and  arduous  session  ;  and  several 
important  subjects  were  under  consideration,  other  than 
those  already  noticed,  on  which  there  was  no  mature 
action.  A  bill  for  an  allowance  to  the  officers  and  soldiers 
of  the  continental  army,  in  the  Revolution,  who  enlisted 
for  the  term  of  the  war,  and  served  to  the  close,  and  to 
whom  half  pay  for  life,  or  a  bounty,  had  been  promised 
by  Congress,  in  1780  and  1781,  was  proposed,  and  ably 
urged,  by  Hemphill  of  Pennsylvania,  Webster  of  Massa- 
chusetts, Drayton  of  South  Carolina,  and  others  ;  but  it 
did  not  receive  the  sanction  of  the  majority.  Objections  of 
different  kinds  were  offered  to  the  proposition,  and  no  bill 
was  formed,  which,  in  all  its  details  and  provisions,  could 
obtain  the  approbation  of  Congress;  and  yet  there  was 
evidently  a  sentiment  prevailing  among  the  members  favor- 
able to  an  allowance  of  some  sort ;  and  that  as  a  matter  of 
justice  and  equity,  as  well  as  of  generosity  and  gratitude. 

The  claim  of  the  State  of  Massachusetts  for  services  of 
the  militia,   in  1812 — 1814,    during  the  war  with  Great 
Britain,  was  a  subject  of  debate  for  several  days.     The 
principal  objection  to  an  allowance  of  the  claim  was,  that 
the  militia  were  called  out  by  the  authority  of  the  State, 
and  not  in  compliance  with  requisitions  by  the  President  or 
officers  of  the  United  States.     It  was  not  denied,  that  the 
service  was  performed,  and  that  they  were  only  called  into 
the  field  when  the  danger  of  invasion  existed,  and  their  aid 
for  defence  was  needed.     But,  as  the  militia  were  not  in  all 
cases  ordered  out  and  placed  when  and  where  the  United 
States  officers  proposed,  it  was  contended  there  was  no  just 
demand  on  the  general  government  for  reimbursement  of 
the  expenses  incurred.     On  the  other  hand,  it  was  stated, 
that  the  early  calls  for  the  militia,  were  not  such  as  to  make 
it  constitutionally  imperative  on  the  governor  of  the  State,, 
to  place  them  under  the  control  of  the  officers  of  the  United 
States  ;  and  that  in  all  instances,  in  which  they  were  in  the 
field  and  under  pay,  there  was  a  necessity  for  their  services 
to  defend  the  towns  on  the  seaboard,  and  to  repel  invasion. 
Congress  was  adjourned  before  any  decision  took  place  on 
the  question  ;  but  at  a  subsequent  session,  a  great  part  of 
the  claim  was  allowed,  after  full  proof  that  the  services  of 


326  FEDERAL  GOVERNMENT.  [1826 

the  militia  of  that  State  were  necessary  for  the  defence  of 
the  country. 

A  bill  for  a  uniform  system  of  bankruptcy  in  the  United 
States,  was  long  debated  in  both  branches  of  the  legislature 
at  this  session ;  and  some  of  the  ablest  men  in  Congress 
advocated  it.  But  after  various  objections  and  several  prop- 
ositions to  alter  the  original  bill,  it  was  postponed  in  the 
Senate,  greatly  to  the  regret  of  the  trading  and  mercantile 
part  of  the  nation.  In  all  commercial  countries,  bankrupt 
laws  have  operated  to  the  relief  and  benefit  of  the  unfortu- 
nate ;  and  secured  to  all  creditors  an  equal  advantage  ,* 
which  cannot  otherwise  be  effected.  There  must  have  been 
some  unjust  prejudices  in  the  minds  of  the  opponents  of 
such  a  law  ;  or  some  misapprehension  as  to  its  operation  and 
effect.  For  it  is  the  only  remedy  yet  found  in  trading  com- 
munities, for  the  misfortunes  of  honest  men.  The  creditor 
is  not  kept  out  of  his  demands  by  the  law :  for  without  it, 
he  may  receive  nothing ;  with  it,  he  is  certain  of  his  share 
in  what  estate  the  bankrupt  possesses. 

Authority  was  given  at  this  time  for  preparing  a  treatise, 
at  the  expense  of  the  federal  government,  on  the  culture  of 
the  silk  worm  and  of  mulberry  trees ;  and  for  giving  infor- 
mation on  the  manufacture  of  silk  in  the  United  States. — 
The  importation  of  silk  goods  amounted  to  more  than  seven 
millions  of  dollars  in  1824;  and  in  1825,  to  ten  millions; 
about  two  millions  were  exported.  In  1821,  the  amount  of 
this  article  imported  was  not  more  than  half  that  of  1825. f 

The  message  of  the  President  to  Congress,  in  December, 
1826,  at  the  commencement  of  the  session,  was  a  full  and 
faithful  statement  of  public  measures,  and  of  the  political 
condition  of  the  United  States,  at  that  period.  It  was  highly 
creditable  to  his  ability  as  a  statesman,  and  his  fidelity  as  a 
patriot.  The  members  of  Congress  and  the  people  could 
not  fail  to  learn  from  it  the  true  state  of  the  nation,  as  to 
its  connection  with  foreign  governments,  or  its  internal  af- 
fairs. In  a  domestic  view,  the  federal  republic  was  tran- 
quil and  prosperous :  and  with  all  other  countries,  it  was 

*  Forty-five  millions  of  the  public  debt  had  now  been  paid,  since  1817 — in 
about  eight  years,  besides  other  great  but  necessary  expenses  :  seventy-nine 
millions  remained  unpaid,  which  it  was  supposed  might  be  cancelled  in  ten 
years.  Large  sums  were  expended  yearly  for  support  of  the  army  and  navy, 
for  fortifications,  surveys  of  public  lands;  and  for  Indian  purchases,  which  were 
extensively  made  from  1822  to  1825. 

t  It  was  stated  at  this  time,  that  in  1774  and  1775,  in  Georgia,  the  culture 
of  the  mulberry  tree  and  the  silk  worm  had  been  much  attended  to;  and  that 
20,000  lbs.  of  cocoons  were  sent  to  England  from  that  colony. 


1826]  ADAMS.  327 

on  terms  of  a  friendly  understanding  ;  though  some  subjects 
were  still  pending  for  discussion  and  settlement  between 
them.  The  federal  government  then  had  treaties  with  all 
the  nations  of  Europe  ;  and  nothing  had  occurred  to  indi- 
cate any  unfriendly  collisions.  There  were  indeed  differences 
of  opinion  on  commercial  subjects  ;  but  efforts  were  assid- 
uously made  to  have  them  adjusted  on  terms  favorable  to 
the  United  States.  Most  of  the  continental  nations  of  Eu- 
rope had  agreed  to  commercial  intercourse  with  the  United 
States  on  principles  of  a  fair  reciprocity.  On  several  of 
them,  the  American  citizens  had  demands  for  spoliations 
during  the  years  of  1812 — 1815,  and  for  some  years  pre- 
viously to  that  period.  These  had  been  repeatedly  pressed 
on  those  governments,  but  without  success.  The  claims 
were  not  abandoned  by  President  Adams ;  but,  in  several 
cases,  under  his  able  administration,  they  were  admitted 
and  allowed.  With  the  French  government,  there  was  a 
good  understanding ;  and  in  concluding  a  commercial  treaty, 
it  was  liberal  and  friendly  towards  the  United  States ;  but 
it  was  very  reluctant  in  yielding  to  the  claims  for  depreda- 
tions on  the  property  of  American  citizens  by  the  govern- 
ment of  that  nation  in  former  years.  Of  the  friendly  dis- 
position of  the  Russian  Emperor  towards  the  United  States, 
the  President  spoke  very  emphatically  ;  and  referred  to  the 
character  of  the  Emperor  Alexander,  then  recently  deceased, 
in  terms  of  high  commendation. 

The  commercial  relations  between  the  United  States  and 
Great  Britain  were  far  from  being  satisfactory  to  the  gov- 
ernment of  the  former.  England  had  long  discovered  a 
selfish  or  monopolizing  spirit  on  the  subject  of  trade  and 
navigation  with  America  :  and  various  attempts  had  been 
made  by  former  administrations  of  the  federal  government, 
to  place  the  commerce  of  the  United  States,  with  that  nation, 
on  "  a  more  favorable  basis,  and  to  enjoy  a  real  and  just  re- 
ciprocity of  privileges  and  benefits."  The  trade  with  places 
within  the  kingdom  of  Great  Britain  was  almost  entirely 
unexceptionable ;  but  the  British  colonial  ports  were  shut 
against  trade  with  the  United  States  in  American  vessels; 
or  was  so  burthened  with  duties  as  to  be  wholly  unprofitable. 
Countervailing  duties  had  been  imposed  by  the  government 
of  the  United  States  ;  but  their  operation  did  not  secure  the 
benefits  desired  ;  nor  remove  the  disadvantages  to  the  Amer- 
ican merchants  arising  from  British  restrictions  and  regu- 
lations.    President  Adams  early  sent  Mr.   King*  of  New 

*  In  speaking  of  this  appointment,  the  President  said,  "  one  of  our  most 
distinguished  citizens  has  been  despatched."     And  this  commendation  was 


328  FEDERAL  GOVERNMENT.  [1826 

York  to  the  British  court,  with  a  view  to  regulate  the  com- 
merce between  the  two  nations  on  more  favorable  terms 
than  it  then  was,  or  before  had  been.  Unfortunately,  the 
state  of  this  minister's  health  did  not  admit  of  his  immediate 
attention  to  the  subject.  The  same  exclusive,  unconciliating 
spirit  was  also  manifested  by  the  British  administration  at 
this  time;  for  just  before  the  American  minister  arrived  in 
England,  an  order  of  the  British  council  was  issued,  ex- 
cluding the  vessels  of  the  United  States — after  the  first  of 
December — from  all  their  colonial  ports,  excepting  those 
immediately  bordering  on  the  territory  of  the  Union.  When 
the  minister  expostulated  on  this  measure,  so  unexpected, 
he  was  informed,  "  that,  according  to  the  ancient  maxims 
of  policy  of  European  nations,  the  trade  of  their  colonies 
was  an  exclusive  possession  of  the  mother  country  :  and 
that  all  participation  in  it  by  other  nations  was  a  boon  or 
favor,  not  forming  a  subject  of  negotiation,  but  to  be  regu- 
lated by  legislative  acts."  The  British  government  thus 
abruptly  declined  all  discussion  respecting  the  trade  between 
their  colonies  and  the  United  States  :  and  this  measure  was 
the  more  surprising,  in  that  the  only  reason  given  for  resort- 
ing to  it  at  this  time,  when  a  special  mission  was  instituted 
to  adjust  the  embarrassments  attending  the  colonial  trade, 
was  because  the  United  States  had  not  promptly  and  ex- 
pressly accepted  the  terms  offered  by  an  act  of  the  British 
Parliament  of  July,  1825.  In  this  respect,  the  government 
of  England  discovered  a  less  friendly,  or  accommodating 
spirit  towards  the  United  States,  than  towards  other  nations. 
The  principal  difficulty  arose  from  the  policy  of  the  British 
government,  in  excluding  American  vessels  from  their  col- 
onial ports,  to  secure  all  the  advantages  of  the  trade  to  their 
own  subjects  and  in  their  own  vessels.  To  obtain  a  proper 
portion  of  the  carrying  trade  with  the  British  colonies  for 
citizens  of  the  United  States,  had  been  the  constant  aim  of 
the  federal  government,  from  its  first  establishment;  but 
fair  and  liberal  terms  were  never  consented  to  by  the  ad- 
ministration of  Great  Britain.  President  Adams  was  as 
unremitting  in  his  efforts  to  accomplish  the  object  as  any 
of  his  predecessors  had  ever  been.* 

justly  due  to  Mr.  King.  A  man  of  more  influence  with  the  British  court  could 
not  probably  have  been  selected  in  the  whole  country  :  and  he  had  also  uni- 
formly asserted  and  defended  the  commercial  rights  of  the  United  States.  And 
Mr.  Adams,  in  all  his  previous  public  stations,  had  invariably  insisted  on  a  fair 
reciprocity,  in  the  regulations  of  trade  and  navigation  with  Great  Britain  and 
her  colonies. 

*  By  an  act  of  the  British  Parliament,  the  trade  with  their  American  colonial 
ports  was  opened  to  other  nations  on  more  favorable  terms  than  had  formerly 


1826]  ADAMS.  329 

The  view  of  the  finances  of  the  United  States,  presented 
by  the  President,  at  this  time,  was  highly  favorable  :  though 
the  revenue  derived  from  imports  was  not  altogether  of  so 
large  an  amount  as  for  the  preceding  year.  A  severe  shock 
had  been  experienced  by  the  manufacturing  and  commercial 
interests  of  Great  Britain,  which  had  affected  the  revenue 
of  the  United  States,  as  the  importations  from  England 
were  thereby  reduced  from  those  of  1825.*  But  this  dim- 
inution, in  the  opinion  of  the  President,  was  to  be  attributed 
in  part  to  the  flourishingcondition  of  domestic  manufactures, 
and  was  therefore  compensated  by  an  equivalent  even  more 
important  to  the  nation.  This  small  deficiency  in  the  rev- 
enue had  not  interrupted  the  payment  of  the  usual  portion 
of  the  public  debt,  in  conformity  to  the  system  of  annual 
reduction  established  by  Congress  ;  being  eleven  millions  of 
dollars,  besides  the  interest  on  the  whole,  amounting  to  six 
millions ;  and  leaving  five  millions  and  a  half  in  the 
treasury  at  the  close  of  the  year.  The  receipts  of  the  year 
were  estimated  at  twenty- five  millions  and  a  half;  and  the 
public  expenditures,  of  every  description,  did  not  amount  to 
that  sum  by  one  and  a  half  million.  Within  the  period  of 
ten  years,  the  annual  revenue  had  not  been  equal  on  two 
occasions  to  the  necessary  expenditures  of  the  government, 
and  a  resort  had  been  had  to  loans.  But  at  this  time,  it  was 
sufficient,  after  defraying  all  current  expenses,  to  discharge 
the  usual  amount  of  the  national  debt,  as  well  as  to  pay 
large  sums  due  for  interest.  This  judicious  system  was 
matured  under  the  administration  of  Mr.  Monroe  ;f  but  Mr. 
Adams  observed  and  confirmed  it ;  and  strongly  urged  a  per- 
severance in  this  prudent  and  economical  course,  that  the 
debt  of  the  nation  might  be  gradually  reduced,  and  wholly 

been  permitted,  but  it  was  required,  that  such  nations  as  were  desirous  of  en- 
gaging in  the  trade,  should,  by  a  formal  act  within  a  specified  period,  agree  to 
the  terms  proposed.  The  United  States  government  did  not  declare  its  consent 
and  agreement  to  the  act  of  Parliament  within  the  time  mentioned;  and  when 
Mr.  King,  and  after  him  Mr.  Gallatin  were  authorized  to  negotiate  on  the 
subject,  the  British  ministry  declined;  alleging,  that  it  was  a  matter  for  legis- 
lative regulation.  This  determination  was  wholly  unexpected,  and  served  to 
protract  the  difficulty  and  embarrassments  of  trade  to  ports  in  the  West  Indies, 
which  was  formerly  pursued  with  great  profit  by  citizens  of  the  United  States. 

*  Pitkin  states  the  whole  amount  of  imports  to  be,  in  1825,  ninety-six  mil- 
lions of  dollars,  and  in  1826,  eighty-four  millions  and  nine-hundred  thousand 
dollars;  of  which  sum,  in  1825,  thirty-six  millions  seven  hundred  and  ten 
thousand  dollars  was  from  Great  Britain:  and  in  1826,  twenty-six  millions 
and  one  hundred  thousand  dollars. 

t  Mr.  Lowndes,  of  South  Carolina,  proposed  and  advocated  this  provident 
plan. 

42 


330  FEDERAL  GOVERNMENT.  [1826 

extinguished  within  the  period  before  contemplated.  He 
was  in  favor  of  internal  improvements,  and  of  a  gradual 
increase  of  the  navy ;  yet  he  considered  it  highly  important, 
that  the  public  debt  should  be  constantly  diminished,  and 
the  strictest  economy  practiced  in  the  expenses  of  the  gov- 
ernment. In  referring  to  the  state  of  the  army  and  navy,  the 
President  said,  the  former  was  well  disciplined  and  well  gov- 
erned ;  that  although  small,  it  was  sufficient  for  all  neces- 
sary purposes  of  the  government,  and  as  the  germ  of  an 
efficient  national  force  in  any  unforeseen  exigency:  while 
employment  was  found  for  the  officers  and  soldiers  com- 
posing it,  in  building  and  repairing  fortifications,  and  in  pro- 
tecting the  inhabitants  on  the  frontiers.  The  navy,  he 
recommended  to  the  attention  of  Congress,  and  expressed 
an  opinion  in  favor  of  its  gradual  increase,  agreeable  to  a 
system  adopted  during  the  administration  of  his  predecessor. 
The  voice  of  the  country,  he  observed,  was  for  its  support, 
as  the  most  proper  and  only  safe  means  of  defence,  by  force, 
in  our  government ;  especially  as  it  was  an  efficient  pro- 
tection to  commerce  and  navigation,  so  essential  to  the 
prosperity  of  the  United  States. 

"  The  gradual  increase  of  the  navy,"  said  the  President, 
"was  the  principle,  of  which  the  act  of  April,  1816,  was 
the  first  development.  It  was  the  introduction  of  a  sys- 
tem, to  act  upon  the  character  and  history  of  our  country, 
for  an  indefinite  series  of  ages.  It  was  a  declaration  of 
Congress,  at  that  time,  to  their  constituents  and  to  pos- 
terity, that  it  was  the  destiny  and  the  duty  of  these  con- 
federated States  to  become,  in  regular  process  of  time,  and 
by  no  petty  advances,  a  great  naval  power.*  That  which 
they  then  proposed  to  accomplish  in  eight  years,  is  rather 
to  be  considered  as  the  measure  of  their  means,  than  the 
limitation  of  their  design.  They  looked  forward  for  a 
term  of  years  sufficient  to  the  accomplishment  of  a  definite 
portion  of  their  purpose ;  and  they  left  it  to  their  succes- 
sors to  fill  up  the  canvass,  of  which  they  had  traced  the 
large  and  prophetic  outline.  The  ships  of  the  line  and  the 
frigates,  which  they  had  in  contemplation,  will  be  shortly 
completed.  The  time  which  they  allotted  for  the  accom- 
plishment of  the  work  has  more  than  elapsed.  It  remains 
for  your  consideration  how  their  successors  may  contribute 

*  This  act  provided  for  the  building  of  nine  ships  of  war,  of  seventy-four 
guns  each,  and  twelve  of  forty-four  guns  each:  and  appropriated  a  million  of 
dollars  annually,  for  eight  years,  for  that  purpose.  Congress  did  not  manifest 
an  opinion  so  strongly  favorable  to  the  increase  of  the  navy  as  the  President 
expressed  in  his  message. 


1826]  adams.  331 

their  portion  of  toil  and  treasure,  for  the  benefit  of  the  suc- 
ceeding age,  in  the  gradual  increase  of  the  navy." 

It  appeared  by  the  message  of  the  President,  on  this  oc- 
casion, that  nearly  a  million  and  a  half  of  dollars  were 
required  to  pay  the  pensions,  previously  allowed  by  Con- 
gress, to  the  survivors  of  the  soldiers  of  the  Revolution  :  but, 
in  his  estimation,  the  appropriation  was  alike  honorable  and 
just.* 

The  subjects  mentioned  by  the  President  in  his  message, 
and  recommended  to  the  notice  of  Congress,  engaged  their 
early  attention ;  and  were  discussed  in  each  branch  of  the 
legislature  during  the  session  ;  but  as  it  was  closed  the 
third  of  March,  there  was  not  sufficient  time  for  maturing 
laws  to  carry  into  effect  all  the  measures  which  he  pro- 
posed. But  few  laws,  of  a  very  important  or  general 
character,  were  passed  at  this  time,  though  others  were 
urged  with  great  ability  and  zeal  by  several  members. 
There  was,  at  this  period,  a  very  strong  feeling  in  Congress, 
as  to  the  theory  and  views  of  the  executive ;  and  with 
many  a  disposition  to  scrutinize,  more  closely  than  com- 
mon, the  recommendations  of  the  President.  Some  sup- 
posed his  objects  were  visionary  or  would  be  needless,  and 
would  draw  after  them  great  expenses  :  and  he  was  also 

*  This  very  able  state  paper  concluded  as  follows: — "  I  trust  that  it  will 
not  be  deemed  inappropriate  to  the  occasion  and  purposes  on  which  you  are 
assembled,  to  indulge  a  momentary  retrospect,  combining  in  a  single  glance, 
the  period  of  our  origin,  as  a  national  confederation  with  that  of  our  present 
existence,  at  the  precise  interval  of  half  a  century  from  each  other.  Since 
your  last  meeting  at  this  place,  the  fiftieth  anniversary  of  the  day  when  our 
Independence  was  declared,  has  been  celebrated  throughout  the  land:  and  on 
that  day,  when  every  heart  was  bounding  with  joy,  and  every  voice  was  tuned 
to  gratulation,  amid  the  blessings  of  freedom  and  independence,  which  the 
sires  of  a  former  age  had  handed  down  to  their  children,  two  of  the  principal 
actors  in  that  solemn  scene,  the  hand  which  penned  the  ever-memorable  de- 
claration, and  the  voice  that  sustained  it  in  debate,  were,  by  one  summons,  at 
the  distance  of  seven  hundred  miles  from  each  other,  called  before  the  Judge 
of  all,  to  account  for  the  deeds  done  upon  earth.  The  departed,  were  cheered 
by  the  benedictions  of  their  country,  to  which  they  left  the  inheritance  of  their 
fame  and  the  memory  of  their  bright  example.  If  we  turn  our  thoughts  to  the 
condition  of  their  country,  in  the  contrast  of  the  first  and  last  day  of  that  half 
century,  how  resplendent  and  sublime  is  the  transition  from  gloom  to  glory! 
Then  glancing  through  the  same  lapse  of  time,  in  the  condition  of  the  individ- 
uals, we  see  the  first  day  marked  with  the  fullness  and  vigor  of  youth,  in  the 
pledge  of  their  lives,  their  fortunes,  and  their  sacred  honor,  to  the  cause  of  free- 
dom and  of  mankind:  and  on  the  last,  extended  on  the  bed  of  death,  with  sense 
and  sensibility  left  to  breathe  a  last  aspiration  to  Heaven  of  blessing  upon  their 
country:  may  we  not  humbly  hope  that  to  them,  too,  it  was  a  pledge  of  transi- 
tion from  gloom  to  glory ;  and  that,  while  their  mortal  vestments  were  sinking 
into  the  clods  of  the  valley,  their  emancipated  spirits  were  ascending  to  the  bo- 
som of  their  God." 


332  FEDERAL  GOVERNMENT.  [1826 

charged  with  entertaining  such  views  of  the  Constitution, 
as  that  very  extensive  and  internal  improvements  might 
justly  be  made,  though  there  might  be  large  expenditures 
in  the  execution.  And  the  majority,  at  that  period,  were 
opposed  to  expenditures  for  such  objects,  except  they  were 
most  plainly  necessary  for  the  public  defence  and  safety. 
The  political  friends  and  opponents  of  the  administration, 
were  thus  very  equally  divided. 

While  the  national  legislature  was  in  session,  at  this 
time,  intelligence  was  received  from  the  Envoy  at  the 
Court  of  London,  that  a  Convention  had  been  concluded, 
in  November,  between  the  United  States  and  Great  Britain. 
This  Convention  did  not  relate  to  commercial  intercourse 
between  the  two  countries;*  for  it  has  been  seen  that  the 
British  ministry  had  declined  entering  into  any  negotia- 

*  The  following  articles,  proposed  by  the  President,  will  show  his  views  of 
a  proper  commercial  Convention  with  Great  Britain — "  Whereas,  by  the  trade 
as  it  now  exists  under  the  respective  laws  and  regulations  of  the  two  nations, 
between  eertain  ports  of  the  British  colonies  in  America  and  the  West  Indies, 
and  the  ports  of  the  United  States,  discriminating  duties  and  charges  are  recipro- 
cally imposed  and  levied  on  the  vessels  and  cargoes  of  each  nation  in  the  ports 
of  the  other;  and  as  it  is  the  desire  of  the  parties,for  the  reciprocal  advantage  of 
their  citizens  and  subjects,  to  abolish  all  such  discriminating  duties  and  charges; 
it  is  agreed,  that  upon  the  vessels  of  the  United  States,  admitted  by  law 
into  all  and  every  one  of  his  Britannic  Majesty's  colonial  ports,  and  upon  any 
goods,  wares,  or  merchandize  lawfully  imported  therein,  in  the  said  vessels,  no 
other  or  higher  duties  of  tonnage  or  impost,  and  no  other  charges  of  any  kind 
shall  be  levied  or  exacted,  than  upon  British  vessels,  including  all  vessels  of 
the  colonies  themselves,  or  upon  the  like  goods,  wares,  or  merchandize  im- 
ported into  the  said  colonial  ports  from  any  other  port  or  place  whatever,  in- 
cluding Great  Britain  and  the  colonial  ports  themselves:  and  that  upon  the 
vessels  of  Great  Britain  admitted  by  law  into  all  and  every  one  of  the  ports  of 
the  United  States,  and  upon  any  goods,  wares,  and  merchandize  lawfully  im- 
ported therein,  in  the  said  vessels,  no  other  or  higher  duties  on  tonnage  or 
impost,  and  no  other  charge  of  any  kind  shall  be  levied  or  exacted,  than  upon 
vessels  of  each  and  every  one  of  the  said  States,  or  upon  the  like  goods,  wares, 
or  merchandize  imported  into  the  United  States  from  any  other  port  or  place 
whatever. ' ' 

"  For  the  more  perfect  fulfilment  of  the  intention  of  the  high  contracting 
parties,  as  expressed  in  the  foregoing  article,  it  is  agreed,  that  the  trade  to 
which  it  has  reference,  shall  continue  on  the  footing  on  which  it  now  stands 
by  the  laws  and  regulations  of  the  two  countries  respectively,  with  the  ex- 
ception of  the  removal,  by  Great  Britain,  of  the  duties  specified  in  an  act  of 
Parliament,  June,  1822, — and  of  those  specified  in  an  act  of  Parliament,  Au- 
gust, 1822, — and  of  the  removal,  by  the  United  States,  of  all  additional  duties 
of  tonnage,  in  the  light  of  foreign  tonnage  duty,  and  of  all  additional  duties  of 
impost,  in  the  light  of  foreign  iiripost,  existing  against  British  vessels  and 
merchandize  coming  to  the  United  States  from  any  of  the  said  colonial  ports. 
And  the  contracting  parties  pledge  themselves  to  remove,  reciprocally,  the 
duties  herein  recapitulated,  as  well  as  all  other  discriminating  duties  and 
charges  of  whatever  kind  they  may  be,  intended  by  this  and  the  foregoing 
article,  to  remove;  it  being  the  desire  and  intention  of  the  parties  to  place  the 
aforesaid  trade  upon  a  footing  of  perfect  equality  in  all  respects." 


1826]  ADAMS.  333 

tions  on  the  subject :  but  the  object  of  the  treaty  was  to 
provide  for  carrying  into  effect  some  parts  of  the  treaty  of 
Ghent,  of  1815.  The  chief  article  was  a  stipulation  to 
compensate  for  the  capture  and  detention  of  slaves  belong- 
ing to  the  southern  States,  during  the  war  of  1812 — 1814.* 
This  Convention  was  ratified  by  the  President  and  Senate 
soon  after  it  was  received  :  and  a  law  was  promptly  passed 
by  Congress  for  giving  effect  to  its  provisions. 

An  appropriation  of  thirty  thousand  dollars  was  made 
for  repairs  on  the  Cumberland  road :  lands  were  reserved 
for  seminaries  of  learning  in  Louisiana,  in  Florida,  and  in 
Arkansas ;  and  a  grant  of  public  land  was  made  to  the 
asylum  of  the  deaf  and  dumb,  in  Kentucky. — In  several 
instances  also,  the  President  was  authorized  to  cause  sur- 
veys to  be  made  for  roads,  and  to  lay  them  out,  in  the  new 
territories — thus  recognizing  the  propriety  of  expending 
the  funds  and  property  of  the  nation  for  internal  improve- 
ments, and  for  the  purposes  of  education  :  and  affording 
proof  that  the  majority  in  Congress  at  that  time,  were  in 
favor  of  promoting  some  objects  of  a  general  nature,  at  the 
expense  of  the  federal  government. 

A  question  on  the  President's  authority  to  appoint  diplo- 
matic agents  in  the  recess  of  the  Senate,  or  rather  as  to 
the  extent  of  his  constitutional  power  in  the  allowances 
made  to  them,  arose  in  Congress,  at  this  time  ;  and  it  was 
attempted  to  fasten  a  charge  on  the  executive  of  having 
made  a  greater  allowance  in  one  instance  than  was  proper 
or  usual.  The  charge  was,  that  the  President  had  au- 
thorized an  outfit,  as  well  as  an  additional  amount  of  salary 
to  a  son  of  Mr.  King,  who  was  left  as  Charge  d' Affaires, 
at  the  British  Court,  on  the  return  of  the  father,  who  had 
been  Envoy  Extraordinary  to  that  government :  but  whose 
feeble  health  obliged  him  to  retire  from  all  public  busi- 
ness. The  propriety  of  having  such  a  diplomatic  agent 
at  the  British  Court  was  very  generally  admitted ;  it 
was  also  admitted,  that  in  the  recess  of  the  Senate,  the 
President  might  justly  make  such  appointment;  and  it 
was  further  considered,  that  the  minister  had  properly  de- 
signated his  son,  the  Secretary  of  that  legislation,  to  act  in 
behalf  of  the  United  States  after  his  retirement,  so  that 
their  interest  might  not  suffer.     The  principal  charge  then 

*  The  treaty  stipulated  for  the  payment,  by  Great  Britain,  of  the  sum  of 
$1,240,000  for  compensation  on  account  of  the  slaves  carried  away  at  that 
time. 


334  FEDERAL  GOVERNMENT.  [1826 

preferred  was,  that  the  President  had  not  only  added  to 
the  stipend,  but  allowed  a  sum  as  an  outfit  equal  to  a  year's 
salary,  though  the  person  thus  employed  was  then  in  Eng- 
land. 

The  question  was  proposed  by  a  member  of  the  House 
from  Tennessee,  (Mr.  Blair,)  who  was  in  the  ranks  of  the 
opposition  to  Mr.  Adams  ;  and  who  with  many  others,  had 
yielded  to  a  prevailing  opinion,  that  the  President  was  ex- 
travagant in  the  expenses  of  government.  Mr.  Forsyth  of 
Georgia,  vindicated  the  conduct  both  of  the  President,  and  the 
minister,  Mr.  King,  in  appointing  one  as  Charge  d' Affaires 
near  the  British  government ;  and  in  an  additional  com- 
pensation to  that  fixed  by  law  for  a  Secretary  of  Legation. 
But,  if  the  President  had  allowed  an  outfit  in  this  case,  he 
expressed  the  opinion  that  it  was  improper.  The  majority 
or  a  full  moiety  of  Congress,  at  that  period,  were  disposed 
to  scrutinize  the  conduct  of  the  executive,  in  all  instances ; 
in  the  belief,  or  with  the  pretence,  that  the  President  did 
not  strictly  conform  to  the  provisions  of  law,  and  was  in- 
clined to  exercise  too  much  discretion.  The  charge  would 
lie,  with  far  greater  propriety,  against  the  conduct  of  his 
successor,  who  often  chose  to  assume  responsibility,  or  to 
construe  the  constitution  and  the  laws  in  accordance  with 
his  own  views,  and  differently  from  the  meaning  given  to 
them  by  former  Presidents.  And  his  political  friends  never 
failed  to  justify  or  excuse  him;  although  they  had,  before 
his  presidency,  strenuously  contended  that  the  executive 
should  have  little  discretion,  and  should  do  nothing  but  by 
authority  of  express  law. 

A  bill  was  introduced  in  the  Senate,  by  one  of  the  mem- 
bers of  that  body,  Mr.  Dickerson,  from  New  Jersey,  for 
distributing  a  certain  part  of  the  public  revenue  among  the 
several  States.  But  the  proposition  was  not  received  with 
much  favor ;  and  after  a  short  discussion  the  bill  was  de- 
nied a  second  reading.  The  plan  proposed  was,  instead 
of  expending  large  sums  of  the  public  money  for  internal 
improvements  by  the  federal  government,  as  was  then  and 
the  year  before  strongly  urged,  and  in  some  cases  voted, 
that  a  portion  of  the  national  revenue,  particularly  from 
sale  of  lands,  should  be  distributed  among  the  States  for 
such  purposes;  leaving  it  with  the  individual  States  to 
apply  it  to  the  particular  improvements  which  each  respec- 
tively might  prefer.  The  plan  originated  in  a  wish  to 
maintain  State  power  and  rights,  and  to  prevent  great  ex- 
penditures by  the  national  government,  which  would  nat- 


1827]  ADAMS.  335 

urally  increase  the  influence  and  patronage  of  the  govern- 
ment. It  was  contended  also,  that  equal  justice  required 
such  a  measure. 

Great  efforts  were  made  again  at  this  session  of  Congress 
for  the  passage  of  a  law  establishing  a  uniform  system  of 
bankruptcy.  Mr.  Hayne,  of  the  Senate,  from  South  Caro- 
lina, urged  the  adoption  of  a  law  for  such  a  system  with 
great  ability  and  zeal ;  as  Mr.  Webster  of  Massachusetts, 
and  others  had  before  done  in  the  House  of  Representa- 
tives; but  the  bill  was  opposed,  on  the  pretence  that  it 
would  operate  particularly  for  the  relief  of  merchants,  and 
would  be  of  no  benefit  to  the  other  classes  of  citizens.  The 
system  could  not  have  been  injurious  to  the  farmer  or  me- 
chanic ;  and  the  objection  that  it  was  exclusively  for  the 
advantage  of  merchants,  was  therefore  unreasonable.  It 
was  the  suggestion  of  prejudice,  or  of  narrow  views;  for  it 
is  the  merchant  and  trader  only  who  need  such  relief. 

The  subject  of  commercial  intercourse  with  the  colonies 
of  Great  Britain  was  also  discussed  at  great  length,  during- 
this  session  of  the  national  legislature.  It  was  one  of  pe- 
culiar interest  and  importance ;  for  the  trade  with  the  British 
ports  in  the  West  Indies  was  so  restricted  by  acts  of  Par- 
liament, that  it  could  be  pursued  with  but  little  profit  by 
the  citizens  of  the  United  States.  Each  branch  of  the  fed- 
eral legislature  had  a  bill  prepared  on  the  subject ;  and  each 
was  several  times  debated.  They  did  not  differ  materially ; 
but  it  was  said  in  the  House  of  Representatives,  that  the 
bill  before  the  Senate  did  not  fully  protect  the  interests  of 
the  United  States  merchants  trading  to  those  ports;  and  no 
law  was  enacted  as  was  proposed  and  expected.  The  differ- 
ence might  have  been  adjusted  by  a  committee  of  confer- 
ence of  both  Houses,  as  is  usual  in  cases  of  disagreement ; 
but  this  was  not  done  in  season,  and  the  close  of  the  session 
prevented  it.  And  on  the  17th  of  March,  by  virtue  of  a 
law  passed  three  years  before,  the  President  declared,  by 
proclamation,  that  the  trade  with  those  ports  was  prohibited  ; 
as  the  discriminating  duties  of  the  British  government  had 
not  been  removed.  The  proclamation  of  the  executive,  on 
this  subject,  referred  to  an  act  of  Congress  of  March,  I823r 
which  permitted  the  trade  between  the  United  States  and 
the  British  ports  in  the  West  Indies  to  be  free  and  unem- 
barrassed, so  long  as  the  latter  should  be  open  to  American 
vessels,  without  additional  duties,  but,  on  an  interdiction 
by  the  British  government,  of  their  colonial  ports  to  vessels 
of  the  United  States,  authorizing  the  President  to  make 
such  public  proclamation;  and  an  order  of  his  Britannic 


336  FEDERAL  GOVERNMENT.  [1827 

majesty  in  council  had  been  issued  in  July,  1826.  prohib- 
iting after  December  then  next — and  now  passed — the  trade 
and  intercourse  with  those  ports  to  American  vessels. 
These  various  acts  of  interdiction,  restricting  the  trade  to 
the  West  Indies  belonging  to  Great  Britain,  operated  inju- 
riously to  the  citizens  of  the  United  States.  But  the  exec- 
utive of  the  federal  government  had  made  repeated  at- 
tempts to  regulate  the  trade  on  terms  more  favorable,  and 
in  a  conciliating  and  magnanimous  spirit  towards  the  gov- 
ernment of  Great  Britain. 

The  conduct  of  the  State  of  Georgia,  at  this  period, 
towards  the  Indians  within  its  territorial  limits,  was  such 
as  to  threaten  a  direct  and  forcible  collision  between  that 
-State  and  the  federal  government.  The  government  of  that 
State  claimed  lands,  then  and  formerly  occupied  by  the 
original  tribes,  and  the  entire  control  and  authority  over 
them ;  though  they  remained  on  their  lands  by  the  consent 
of  the  general  government,  and  treaties  had  been  made  with 
them,  promising  them  protection,  until  the  terms  for  their 
removal  should  be  adjusted.  The  government  of  Georgia 
complained  that  they  did  not  remove,  or  were  not  forcibly 
removed  by  the  federal  executive.  That  State  also  insisted 
on  a  compliance  with  an  agreement,  by  treaty,  with  some 
of  the  chiefs  of  the  Creek  Indians,  and  then  the  principal 
tribe  within  that  State;  but  which  the  majority  of  the 
tribe  highly  disapproved ;  and  which  was  superceded  and 
annulled  by  a  treaty  made  the  year  following,  with  the 
proper  agents  or  chiefs  of  the  tribe,  and  was  also  ratified 
by  the  President  and  Senate  of  the  United  States.  The 
latter  compact  was  more  favorable  to  the  Indians,  as  it 
gave  them  more  time  to  remove,  and  engaged  the  support 
of  the  federal  government  until  their  voluntary  removal. 
The  executive  of  Georgia  ordered  a  survey  of  the  lands  in 
dispute,  and  occupied  by  the  Indians,  contrary  to  the 
wishes  and  rights  of  the  tribe  ;  and  committed  or  threatened 
acts  of  encroachment  which  were  highly  offensive  to  the 
Creek  nation.  And,  on  their  application  to  the  executive 
of  the  nation,  the  United  States  troops  were  ordered  to  pro- 
tect them,  and  to  prevent  encroachments  on  their  posses- 
sions. The  governor  of  Georgia  called  on  the  militia  to  de- 
fend the  State,  and  to  be  ready  to  carry  into  effect  his 
orders,  either  against  the  Creek  Indians,  or  the  troops  of  the 
United  States.  His  language  and  conduct  were  of  a  very 
menacing  character.  He  impugned  all  authority  of  the 
federal  government  in  the  case,  and  assumed  the  right  to 
treat  the  Indian  tribe  according  to  his  will,  and  that  of  the 


1S27J  adams.  337 

legislature  of  Georgia.  His  letters  to  the  federal  executive 
were  indecorous,  if  not  insolent ;  and  such  as  had  never 
been  used  by  the  governor  of  a  State  to  the  chief  magistrate 
of  the  Union.*  Owing  to  the  united  firmness  and  prudence 
of  the  President,  the  difficulty  was  cured  without  resort  to 
military  force.  The  message  of  the  President  to  Congress, 
on  the  subject,  was  committed  in  the  House  of  Representa- 
tives to  a  select  committee,  and  a  report  made  the  day 
following — the  last  day  of  the  session — recommending  the 
adoption  of  two  resolutions,  viz.  "  That  it  is  expedient  to 
procure  a  cession  of  the  Indian  lands  in  the  limits  of 
Georgia — and,  that  until  a  cession  is  procured,  the  laws  of 
the  land,  as  set  forth  in  the  treaty  of  Washington,  ought  to 
be  maintained  by  all  necessary,  constitutional,  and  legal 
means."  There  was  also  a  report  of  the  minority  of  the 
committee  asserting  "the  right  of  Georgia  to  the  soil  and 
jurisdiction  of  the  Indian  lands  within  its  limits — that  the 
survey  of  those  lands  by  Georgia  was  not  improper — that 
the  treaty  at  the  Indian  Springs,  not  having  been  constitu- 
tionally repealed,  the  rights  of  Georgia  under  it  were  un- 
impaired ;  and  that  the  President  be  requested  to  extinguish 
the  claim  of  the  Creek  Indians  to  lands  in  Georgia,  not  com- 
prehended in  the  treaty  of  Washington." 

The  Governor  of  Georgia  contended  for  the  validity  and 
execution  of  the  treaty  at  Indian  Springs,  (made  the  pre- 
ceding year,  which  was  favorable  to  the  claims  and  wishes 
of  that  State  for  getting  possession  of  the  Indian  lands,) 
but  which  being  disapproved  by  the  majority  of  the  Creek 
tribe  living  there,  had  been  set  aside  and  annulled,  by 
adopting  a  different  treaty,  the  following  year.  Georgia 
claimed  the  fulfilment  of  the  terms  of  the  former  treaty, 
while  the  federal  executive  insisted  on  observing  the  terms 
of  the  second  agreement.  When,  therefore,  the  executive 
of  Georgia  ordered  surveys  of  the  Indian  lands,  in  opposi- 
tion to  the  will  of  the  Creek  tribe,  and  contrary  to  the  pro- 
visions of  the  second  compact,  the  President,  on  complaint 
and  request  of  the  heads  of  that  tribe,  sent  agents  to  desire 
the  governor  of  Georgia  to  desist,  and  promised  protection 
to  the  Creeks,  according  to  engagements  in  the  last  treaty. 

*  In  a  letter  to  the  Secretary  of  War,  dated  February  17,  1827,  Governor 
Troup,  says,  "  You  will  distinctly  understand,  that  I  feel  it  my  duty  to  resist 
to  the  utmost  any  military  attack,  which  the  government  of  the  United  States 
shall  think  proper  to  make  on  the  territory,  the  people,  or  the  sovereignty  of 
Georgia  ;  and  all  measures  necessary  to  the  performance  of  this  duty,  accord- 
ing to  our  limited  means,  are  in  progress.  From  the  first  decisive  act  of  hos- 
tility, you  will  be  considered  and  treated  as  a  public  enemy.  '* 

43 


338  FEDERAL  GOVERNMENT.  [1827 

He  also  notified  the  governor  of  Georgia,  that  if  the  military- 
power  should  be  employed  by  that  State  to  enforce  the  order 
for  a  survey,  he  should  feel  obliged,  under  the  sanction  of  a 
law  of  1802  on  the  subject,  and  also  by  an  obligation  higher 
than  any  human  authority,  to  repel  the  force,  and  to  protect 
the  Indians  in  their  rights,  as  recognized  in  the  last  treaty 
made  with  them. 

The  message  of  the  President  to  Congress,  on  this  sub- 
ject, produced  a  great  excitement;  and  was  censured,  by 
members  from  Georgia  and  Alabama,  as  rash  and  tending 
to  an  open  and  forcible  collision  between  the  United  States 
and  the  State  of  Georgia.  But  a  large  majority  supported 
the  views  and  conduct  of  the  President,  and  disapproved 
of  the  proceedings  of  the  governor  of  Georgia.  Surely  he 
could  not  justly  be  charged  with  rashness,  in  preferring,  as 
he  did,  a  civil  and  judicial  process  to  a  military  force,  to 
settle  the  difficulty ;  and  his  declaration  to  employ  force  if 
necessary  to  protect  the  tribe,  was  sanctioned  by  the  Con- 
stitution and  law.  The  expression  "of  yielding  to  an  ob- 
ligation higher  than  that  of  any  human  authority,"  was 
considered  by  some  as  unnecessary,  if  not  improper  ;  as  the 
President  of  the  Union  should  know  no  authority,  in  his 
official  civil  acts,  above  or  beyond  that  of  law  and  the 
Constitution. 

A  proposition  was  made  in  the  House  of  Representatives 
to  reimburse  to  those  persons,  who  had  been  fined  for  vio- 
lations of  the  sedition  law  of  1798,  the  amount  which  they 
had  paid,  and  an  indemnity  for  loss  of  time,  &c.  The  ob- 
ject appeared  to  be  a  public  expression  of  the  opinion  that 
the  law  was  arbitrary  and  unconstitutional,  as  well  as  a 
desire  to  indemnify  those  who  had  been  subjected  to  pecu- 
niary punishment.  But  the  proposition  was  not  received 
with  favor  by  the  majority  of  the  House ;  and  the  object  of 
the  mover  was  not  attained.  The  majority  were  evidently 
convinced  of  the  inexpediency  of  passing  any  law  on  the 
subject ;  especially,  at  a  period  so  long  after  the  obnoxious 
law  had  ceased  to  be  in  force.  By  rejecting  the  motion,  at 
an  early  day  after  it  was  offered,  a  discussion,  at  once  un- 
pleasant and  useless,  was  happily  prevented. 

Another  effort  was  made  at  this  Congress,  to  allow  com- 
pensation to  the  officers  of  the  continental  army,  who  con- 
tinued in  service  till  the  close  of  the  war  of  the  Revolution, 
and  were  promised  half  pay  for  life,  by  the  old  Congress,  in 
the  year  1781.  But  the  effort  was  unsuccessful  at  that 
time;  owing  in  part  to  the  shortness  of  the  session,  and  in 
part  to  a  want  of  agreement  among  those  in  favor  of  some 


1827]  ADAMS.  339 

compensation,  as  to  the  amount,  and  to  the  manner  of  pay- 
ing it.  At  the  following  session,  an  act  was  passed  making 
to  these  worthy  veterans  an  honorable  compensation. 

A  bill  for  imposing  additional  duties  on  imported  woollen 
goods  for  the  purpose  of  giving  aid  to  American  manufac- 
turers, was  again  presented  in  Congress,  at  an  early  day  of 
the  session,  and  urged,  as  in  several  preceding  years,  with 
great  zeal  and  effort.  This  subject  had  been  frequently 
proposed  and  discussed  in  Congress  for  ten  years.  The  first 
direct  legislation  on  the  subject,  by  the  federal  legislature, 
was  in  1816 ;  though  it  was  the  policy  of  the  government, 
from  its  first  establishment,  so  to  regulate  trade  with  foreign 
nations — a  principal  object  in  the  formation  of  the  national 
government,  with  a  view  to  the  prosperity  of  commerce  and 
to  the  augmentation  of  the  revenue — as  to  encourage  do- 
mestic manufactures  of  various  kinds.  At  that  period,  a 
duty  of  twenty-live  pr.  ct.  ad  valorem  was  laid  on  woollen  im- 
ported goods.  Those  who  afterwards  engaged  largely  in 
that  branch  of  manufactures  were  not  satisfied  with  that 
rate  of  duties  ;  and  by  great  activity  and  perseverance,  ob- 
tained an  additional  law  in  1824,  by  which  a  duty  of  thirty 
per  cent,  was  imposed  ;  to  be  increased  the  following  year 
to  thirty-three,  in  1826  and  '27,  they  asked  and  demanded 
higher  impost  duties  on  woollens.  A  bill  for  the  purpose 
was  long  and  ably  discussed  in  both  houses  of  Congress ; 
and  in  February,  1827,  near  the  close  of  the  session,  the 
House  of  Representatives  voted  in  favor  of  it ;  but  it  met 
great  opposition  in  the  Senate,  and  was  rejected.  The 
manufacturers,  however,  did  not  relinquish  their  object. — 
In  1828,  a  convention  was  held  in  the  State  of  Pennsylva- 
nia, by  them  and  their  friends  Irom  all  parts  of  the  Union — 
when  it  was  agreed  to  continue  their  efforts  with  the  federal 
legislature,  to  grant  further  protection  to  woollen  and  cotton 
manufacturers,  to  the  extent  of  more  than  two  hundred  per 
cent,  in  some  cases,  and  on  some  description  of  goods,  though 
it  should  operate  to  an  entire  prohibition.*  They  also  gave 
to  their  plan  the  imposing  name  of  the  "  American  system ;" 
asserting,  that  the  same  system,  or  policy,  was  favored  and 
recommended  by  the  Secretary  of  the  Treasury,  and  by  the 
administration,  soon  after  the  organization  of  the  general 

*  In  1820,  coarse  woollens  paid  a  duty  of  twenty-nine  per  cent  :  in  1827,  it 
was  thirty-eight,  by  virtue  of  the  act  of  Congress  of  1824;  and  the  convention 
at  Harrisburg,  held  in  1827,  proposed  from  fifty-seven  to  two  hundred  and 
eighty-one  per  cent. !  "  We  want  protection," 'said  one  of  that  convention, 
"  whether  it  be  fifty  per  cent,  or  one  hundred  and  fifty.  And  it  matters  not, 
if  it  amounts  to  prohibition.     We  want  protection." 


340  FEDERAL  GOVERNMENT.  [1827 

government.  But  it  fully  appears  from  the  reports  of  Sec- 
retary Hamilton  on  the  subject,  and  the  measures  he  re- 
commended in  1790  and  1791,  that  he  was  not  in  favor  of 
forcing  manufactures  by  high  duties.  "Exorbitant  duties 
on  imported  articles,"  he  said,  ''serve  to  beget  a  general 
spirit  of  smuggling,  which  is  always  injurious  to  the  fair 
trader,  and  eventually  to  the  revenue  itself.  They  also  tend 
to  render  other  classes  of  the  community  tributary,  in  an 
improper  degree,  to  the  manufacturers,  to  whom  high  duties 
give  a  premature  monopoly  of  the  markets.  Industry  is 
also  sometimes  thus  forced  out  of  its  natural  channels  into 
others,  in  which  it  flows  with  less  advantage.  And,  in  the 
last  place,  they  indirectly  oppress  the  merchant,  who  is  often 
obliged  to  pay  them  himself,  without  any  retribution  from 
the  consumer."  Some  of  the  woollen  and  cotton  manufac- 
turers themselves  admitted  that  the  tariff  of  1S24  afforded 
a  sufficient  protection ;  aud  expressed  their  fears,  that  such 
exhorbitant  duties  would  eventually  prove  unfavorable  to 
the  manufacturing  interests  of  the  United  States.* 

A  great  portion  of  the  citizens  were  opposed  to  the 
"American  system,"  as  explained  and  advocated  by  the 
manufacturers.  The  merchants  and  mechanics  of  Boston 
held  meetings  to  consider  the  proposed  increase  of  duties  on 
woollen  and  cotton  goods ;  and  a  very  elaborate  report  was 
made  at  an  adjourned  meeting,  by  a  committee  previously 
chosen  for  that  purpose ;  in  which  they  stated  various  facts 
and  views,  illustrating  the  impolicy  and  injustice  of  im- 
posing any  higher  duties  than  were  then  required  by  the  act  of 
1824.*     It  was  asserted,  that  the  general  voice  of  ISew  Eng- 

*  i\mount  of  imports  into  United  States  in  1826,  was  eighty-five  millions  of 
dollars,  eighty  millions  of  which  were  in  American  vessels.  The  exports 
amounted  to  seventy-seven  millions  and  five  hundred  thousand  dollars;  of 
which  fifty-three  millions  were  of  domestic,  and  twenty-four  millions  and  five 
hundred  thousand  of  foreign  products  or  articles  :  of  domestic  articles,  forty- 
six  millions  and  two  hundred  thousand  dollars  exported  in  American  vessels, 
and  six  millions  and  eight  hundred  thousand  dollars  in  foreign  vessels,  of  for- 
eign articles,  twenty-three  millions  three  hundred  and  fifty  thousand  dollars  in 
vessels  of  the  United  States,  and  one  million  one  hundred  and  eighty  thousand 
dollars  in  foreign  vessels. 

t  Even  that  tariff-law  was  considered  as  unequal  and  unreasonahle,  by  some 
of  the  ablest  statesmen,  as  well  as  by  the  merchants.  In  reply  to  Mr.  Clay 
of  Kentucky,  Mr.  Webster  of  Massachusetts,  when  the  bill  was  under  dis- 
cussion in  1824,  said,  "  that  there  was  a  broad  and  marked  distinction  between 
prohibition  and  reasonable  encouragement.  Protection,  when  carried  to  the 
point  proposed,  that  is,  to  an  entire  prohibition,  seems  to  me  destructive  of 
all  commercial  intercourse  between  nations. ' '  With  far  greater  justice  it  might 
be  said,  that  the  tariff  proposed  in  1827,  and  adopted  in  1828,  was,  in  principle 
and  in  theory,  indirectly  unfavorable  to  commercial  enterprise. 


1827]  ADAMS.  341 

land  was  not  in  favor  of  the  highly  restrictive  or  prohibitory 
system  proposed.  They  also  prepared  a  memorial  to  Con- 
gress on  the  subject,  which  was  subscribed  by  a  very  large 
number  of  the  citizens  of  Boston  and  vicinity,  and  presented 
to  Congress  in  December,  1S27,  at  the  time  the  manufac- 
turers were  pressing  for  a  new  tariff  with  higher  duties,  in 
accordance  with  the  resolutions  adopted  by  the  Convention 
at  Harrisburg.* 

In  the  same  year,  a  Convention  was  holden  in  the  city  of 
Philadelphia,  by  persons  from  most  of  the  States  of  the 
Union,  opposed  to  any  increase  of  duties  on  imported  wool- 
len or  cotton  goods.  Some  of  these,  indeed,  were  opposed 
to  the  duties,  as  established  in  1824:  and  contended  that 
the  manufacturers  already  enjoyed  an  unequal  share  of  the 
aid  of  government.  They  believed  that  the  interests  of 
commerce  and  navigation  would  suffer  by  carrying  the  sys- 
tem to  the  extent  urged  ;  and  were  more  disposed  to  lessen 
than  to  increase  the  duties  imposed  by  the  act  of  1824.  A 
report  was  published  by  this  Convention  also,j-  of  great 
length  and  ability,  and  extensively  circulated  ;  and  it  was 
supposed  that  a  majority  of  the  people  approved  of  the  doc- 
trines and  views  of  the  Convention.  In  the  seaport  towns, 
this  was  notoriously  the  case:  for  the  "American  system" 
was  unquestionably  not  deemed  promotive  of  the  commercial 
interests  of  the  Union. 

The  President  was  in  favor  of  affording  protection  or  en- 
couragement to  domestic  manufactures  generally,  and  of 
woollens  particularly :  which  at  this  time  was  the  leading 
question  in  political  economy,  so  far  as  the  federal  govern- 
ment was  believed  to  have  authority  to  interfere.  But  he 
was  also  friendly  to  extensive  enterprises  in  commerce  and 
navigation  ;  and  expressed  no  opinion  in  support  of  the 
ultra  doctrines  of  the  manufacturers.  It  was  always  known 
that  he  highly  estimated  the  advantages  of  navigation  and 
foreign  trade,  to  a  country  like  the  United  States  ;  and  would 
not,  therefore,  sacrifice  the  interests  of  commerce  for  the 
purpose  of  encouraging  any  other  branch  of  business. 

The  statement,  presented  to  Congress,  by  the  President, 

*  Opinions  similar  to  those  expressed  by  the  merchants  of  Boston,  were 
declared  in  a  memorial  to  Congress  by  the  citizens  of  Salem,  Massachusetts, 
a  short  time  before.  They  considered  the  policy  of  protecting  manufactures, 
to  the  extent  urged  and  adopted  in  1824,  as  highly  prejudicial  to  the  com- 
mercial interests  of  the  country;  and  as  a  tax  on  merchants,  mechanics,  and 
farmers  for  the  benefit  of  the  manufacturers. 

+  Henry  Lee,  of  Boston,  prepared  this  report,  as  well  as  that  adopted  by  the 
citizens  of  Boston. 


342  FEDERAL  GOVERNMENT.  [1827 

in  December,  1827,  relating  to  the  public  affairs  of  the  na- 
tion, was  highly  gratifying  to  the  patriot,  and  as  just  as  it 
was  favorable  to  the  general  prosperity  and  welfare.  "  The 
blessings  of  peace  with  all  our  brethren  of  the  human  race," 
said  the  President,  "have  been  enjoyed  without  interrup- 
tion :  and  internal  quiet  has  left  the  people  in  the  full  en- 
joyment of  their  rights,  and  in  the  free  exercise  of  their 
faculties,  to  pursue  the  impulse  of  their  nature  and  the 
obligations  of  their  duty,  in  the  improvement  of  their  own 
condition.  The  productions  of  the  soil,  the  exchanges  of 
commerce,  and  the  vivifying  labors  of  human  industry, 
have  combined  to  mingle  in  our  cup  a  portion  of  enjoyment, 
as  large  and  liberal  as  indulgent  Heaven  has,  perhaps,  ever 
granted  to  man  on  the  earth.  To  preserve,  to  improve,  and 
to  perpetuate  the  sources,  and  to  direct,  in  their  most  effec- 
tive channels,  the  streams  which  contribute  to  the  public 
weal,  is  the  purpose  for  which  government  was  instituted. 
Objects  of  deep  importance  to  the  welfare  of  the  Union  are 
constantly  occurring  to  demand  the  attention  of  the  federal 
legislature  ;  and  they  call,  with  accumulated  interest,  on  the 
first  meeting  of  the  two  Houses,  after  their  periodical  ren- 
ovation." The  President  referred  to  the  happy  issue  of  ne- 
gotiations with  the  British  government,  respecting  slaves 
captured  during  the  war  of  1812 — 1815,  in  the  southern 
parts  of  the  United  States,  and  for  the  adjustment  of  the 
dispute  on  that  subject,  a  reference  of  which  had  been  made 
to  the  judgment  of  the  Emperor  of  Russia.  "The  final 
disposal  of  one  of  the  most  painful  topics  of  collision  be- 
tween the  United  States  and  Great  Britain,"  the  President 
said,  "not  only  afforded  an  occasion  of  gratulation  to  our- 
selves, but  had  a  happy  effect  in  promoting  a  friendly  dis- 
position, and  in  softening  asperities  upon  other  subjects  of 
discussion.  Nor  ought  it  to  pass  without  the  tribute  of  a 
frank  and  cordial  acknowledgement  of  the  magnanimity, 
with  which  an  honorable  nation,  by  the  reparation  of  their 
own  wrongs,  achieve  a  triumph  more  glorious  than  any 
field  of  blood  can  ever  bestow."  It  was  also  stated  in  the 
message,  "  that  recent  negotiation  on  commercial  subjects, 
which  were  of  great  interest  to  the  United  States,  had  ter- 
minated in  the  adjustment  of  some  of  the  questions  at  issue, 
upon  satisfactory  terms,  and  the  postponement  of  others  for 
future  discussion  and  agreement." 

The  trade  to  and  with  the  British  colonies  in  America,  of 
great  importance  to  the  United  States,  and  long  time  in  a 
condition  unfavorable  to  the  citizens  thereof,  through  the 
pertinacity  of  the  English  government,  to  secure  unequal 


1827] 


ADAMS. 


advantages — was  not  yet  so  adjusted  as  to  give  satisfaction 
to  the  American  merchants.  To  place  the  trade,  either  by  ne- 
gotiation, or  legislation,  on  terms  of  reciprocity,  had  long  been 
the  desire  and  endeavor  of  the  government  of  the  United 
States;  "for  the  commercial  intercourse  between  the  two  coun- 
tries was  more  important  than  between  any  other  two  nations 
on  the  globe."  Two  Conventions,  however,  were  concluded 
in  August,  1827,  between  the  plenipotentiaries  of  the  United 
States  and  great  Britain,  for  continuing  in  force  those  made 
at  former  periods,  one  in  July.  1815,  and  the  other  in  Oc- 
tober, 1818,  noticed  above  in  this  volume. 

The  subject  of  the  boundary  line  between  the  United  States 
and  the  British  territories  in  North  America,  was  much  dis- 
cussed at  this  period  ;  and,  in  many  parts  of  the  nation,  the 
citizens  complained  of  the  non-adjustment  of  the  dispute. 
The  President,  in  his  public  message,  referred  to  the  subject, 
and  gave  the  following  statement  of  proceedings  in  relation 
to  it. — "  In  the  execution  of  the  treaty  of  peace  in  1783,  a 
line  of  boundary  was  drawn  as  the  demarcation  of  territory 
between  the  two  countries ;  extending  over  nearly  twenty 
degrees  of  latitude,  and  running  over  seas,  lakes,  and  moun- 
tains, then  very  imperfectly  explored,  and  scarcely  opened 
to  the  geographical  knowledge  of  the  age.  In  the  progress 
of  discovery  and  settlement,  by  both  parties  since  that  time, 
several  questions  of  boundary  between  their  respective  ter- 
ritories have  arisen,  which  have  been  found  of  exceedingly 
difficult  adjustment.  At  the  close  of  the  late  war  with 
Great  Britain,  four  of  these  questions  pressed  themselves 
upon  the  consideration  of  the  negotiators  of  the  treaty  of 
Ghent,  but  without  the  means  of  concluding  a  definitive 
arrangement  concerning  them.  They  were  referred  to  three 
separate  commissions,  consisting  of  two  commissioners ;  one 
appointed  by  each  party  ;  to  examine  and  decide  upon  their 
respective  claims.  In  the  event  of  disagreement  between 
the  commissioners,  it  was  provided  that  they  should  make 
reports  to  their  several  governments ;  and  that  the  reports 
should  finally  be  referred  to  the  decision  of  a  sovereign,  the 
common  friend  of  both.  Of  these  commissions,  two  have 
already  terminated  their  sessions  and  investigations;  one 
by  entire,  and  the  other  by  partial  agreement.  The  com- 
missioners of  the  fifth  article  of  the  treaty  of  Ghent  have 
finally  disagreed ;  and  made  their  conflicting  reports  to  their 
own  governments.  But  from  these  reports  a  great  difficulty 
has  occurred,  in  making  up  a  question  to  be  decided  by  the 
arbitrator.  This  purpose,'  however,  has  been  effected  by  a 
fourth  Convention,  concluded  at  London,  by  the  plenipo- 


344  FEDERAL  GOVERNMENT.  [1827 

tentiaries  of  the  two  governments  in  September  last.  It  will 
be  submitted  with  the  others  to  the  consideration  of  the 
Senate."  The  President  manifested  a  strong  desire,  that 
the  disputes  in  reference  to  this  subject,  might  be  amicably 
and  speedily  adjusted  ;  and  expressed  a  disposition  on  his 
part  to  adopt  all  proper  measures  to  attain  so  desirable  an 
object,  Difficulties  had  then  recently  occurred  on  the  north- 
east borders  of  the  United  States,  and  a  serious  collision 
threatened  between  the  people  of  Maine  and  of  New  Bruns- 
wick :  though  it  had  been  previously  understood,  "  that  no 
exercise  of  exclusive  jurisdiction,  by  either  party,  while  the 
negotiation  was  pending,  should  change  the  state  of  the 
question  of  right  to  be  definitively  settled." 

The  President  very  feelingly  regretted  that  the  British 
government  had  declined  all  negotiations  on  the  subject  of 
the  trade  with  their  colonial  possessions  in  America ;  be- 
lieving that  the  difficulties  would  be  better  removed,  in 
that  way,  than  by  legislation.  This  trade,  if  regulated  on 
principles  of  a  just  and  liberal  policy,  would  be  highly 
beneficial  to  the  United  States.  And  while  he  refrained 
from  imputing  the  course  pursued  by  the  British  govern- 
ment to  direct  hostile  views,  he  justly  considered  it  as 
showing  a  less  friendly  and  generous  spirit  than  he  had 
anticipated.  Neither  of  the  bills  before  the  Senate  or 
House  of  Representatives,  at  the  preceding  session  of  Con- 
gress, it  appeared,  would  have  given  full  satisfaction  to 
the  Court  of  .England.  They  were  evidently  disposed  to 
enjoy  the  whole  trade  to  and  from  their  American  colonies 
and  ports  ;  and  seized  on  every  possible  pretence  for  avoid- 
ing definite  and  mutually  favorable  regulations  on  the  sub- 
ject. 

In  referring  to  the  relations  of  the  United  States  with 
France,  the  President  spoke  of  the  early  and  important 
influence  exerted  by  the  French  king  and  people  in  favor 
of  the  liberties  of  America.  "The  origin  of  the  political 
relations  between  the  two  nations,"  he  said,  "  was  co-eval 
with  the  first  year  of  our  Independence.  The  memory  of 
it  is  interwoven  with  that  of  our  arduous  struggle  for  na- 
tional existence.  Weakened  as  it  has  occasionally  been 
since  that  time,  it  can  by  us  never  be  forgotten  ;  and  we 
should  hail  with  exultation  the  moment  which  should  in- 
dicate a  recollection,  equally  friendly  in  spirit,  on  the  part 
of  France."  Fresh  efforts  had  then  been  made  by  the 
President,  to  obtain  a  just  consideration  of  the  claims  of 
American  citizens  for  reparation  of  wrongs,  many  years 
before  committed  by  the  subjects  or  rulers  of  that  nation. 


1827]  ADAMS.  345 

A  reference  of  the  subject  had  been  recently  proposed,  by 
the  President's  direction,  to  a  sovereign,  friendly  both  to 
France  and  the  United  States.  And  he  expressed  the 
opinion  that  the  proposal  would  not  be  declined  by  the 
French  government. 

A  large  portion  of  these  claims,  the  French  government 
admitted  to  be  founded  in  equity  and  justice.  Even  the 
late  Emperor,  by  whose  orders  the  depredations  had  been 
committed,  could  not  deny  the  justice  of  making  some  re- 
paration :  and  the  kings  of  the  Bourbon  family,  Louis 
XVIII.  and  Charles  X.  who  were  restored  to  the  throne  of 
France,  on  the  downfall  of  Napoleon,  had  long  promised 
indemnity.  But  they  were  weak  princes ;  the  nation  was 
exhausted  by  expensive  and  distressing  wars;  and  the 
subject  of  indemnity,  as  demanded  by  the  United  States, 
was  not  popular  with  the  people  of  France.  They  were 
unwilling  to  pay  for  the  wrongs  done  by  Napoleon.  Noth- 
ing had  been  obtained  but  fair  promises  of  the  French 
government ;  though  the  claim  had  been  often  pressed  upon 
the  consideration  of  the  Court  of  Versailles,  with  much 
earnestness  and  ability:  and  by  no  administration  with 
more  urgency  than  while  Mr.  Adams  was  President. 

The  diplomatic  intercourse  between  the  United  States 
and  foreign  governments,  had  been  increasing  for  several 
years,  and  their  relations  were  now  mutually  friendly.  The 
President  announced,  at  this  time,  the  formation  of  a  new 
treaty  with  Sweden,  to  perpetuate  amity,  and  to  regulate 
commerce  and  navigation  between  the  two  nations :  a  re- 
cent disposition  in  the  Hanseatic  republics  had  been  shown, 
to  strengthen  and  confirm  their  intercourse  with  the  United 
States,  by  sending  a  minister  to  reside  at  the  seat  of  the 
federal  government,  which  was  met  with  promptness  and 
cordiality  by  the  President.  The  desire  of  the  new  Em- 
peror of  Russia,  to  be  on  terms  of  friendship  with  the 
United  States,  was  also  manifested  by  the  appointment  of 
a  minister  plenipotentiary  to  the  government  of  the  Amer- 
ican Union.  A  prospect  was  thus  presented  to  the  country 
of  a  long  period  of  national  peace  and  prosperity  ;  and  was 
a  just  occasion  for  gratulation  and  thankfulness  among  all 
classes  of  citizens. 

In  this  public  message,  the  President  alluded  to  the  ex- 
isting condition  of  the  new  republics  in  South  America  ; 
and  informed  Congress  of  the  failure  of  the  individual 
States  represented  in  the  grand  meeting  at  Panama,  to  con- 
firm the  propositions  adopted  by  that  Convention,  for  a 
union  of  measures  and  action  in  defence  of  their  liberty, 
44 


346  FEDERAL  GOVERNMENT.  [1827 

and  for  establishing  efficient  governments ;  and  of  extensive 
divisions  among  them,  which  predicted  unfavorable  results 
to  the  cause  of  civil  freedom  in  that  part  of  America.  It 
had  never  been  the  intention  of  the  federal  government  to 
interfere  with  the  republics  of  Central  and  South  America, 
any  farther  than  to  maintain  a  friendly  connection,  or  un- 
derstanding, and  to  prepare  for  maintaining  trade  with 
them,  which  should  be  beneficial  to  both  parties.  One  of 
the  public  envoys  of  the  United  States  sent  to  South 
America  had  then  already  returned;  and  the  other  was 
directed  to  remain  in  Mexico,  "  in  the  discharge  of  ordinary 
duties,  with  authority  to  attend  the  conferences  of  the  Con- 
gress of  Panama,  whenever  they  should  be  resumed." 

The  internal  affairs  of  the  United  States  indicated  an 
uncommon  measure  of  tranquillity  and  prosperity.  The 
apprehensions  of  difficulty  with  the  State  of  Georgia, 
arising  from  disputes  about  the  lands  in  that  State,  occupied 
by  the  Indians,  had  subsided ;  though  the  claims  of  that 
State  were  not  withdrawn.  With  some  Indian  tribes,  in 
the  western  part  of  the  country,  disputes  had  indeed  arisen 
relating  to  certain  tracts  of  land,  which  it  was  believed  the 
government  had  fairly  purchased,  and  their  conduct  threat- 
ened hostilities  towards  the  United  States ;  but  "the  pres- 
ence of  a  portion  of  the  regular  troops  soon  dispelled  the 
alarms  of  the  people  in  that  quarter,  and  overawed  the 
hostile  purposes  of  the  Indians."  Some  murders  were 
committed  by  them,  but  they  surrendered  the  perpetrators 
to  the  authority  of  the  federal  government,  and  a  good  un- 
derstanding followed. 

The  national  income,  from  imposts  and  the  sale  of  pub- 
lic lands,  was  fully  adequate  to  all  the  exigencies  of  the 
government.  The  public  expenditures,  for  1826  and  1827, 
had  been  to  a  large  amount;*  but  they  were  made  in  ful- 
filment of  acts  of  Congress  for  Indian  annuities,  for  former 
purchases  of  their  lands,  for  extensive  repairs  of  fortifica- 
tions on  the  seacoasts,  and  for  pensions  to  the  veterans  of 

*  It  appears  by  Pitkin's  statistics,  that  the  expenditures  in  1817,  were 
$40,870,000,  and  the  receipts  #33,830,000.  In  1818,  the  expenditures 
were  $35,100,000,  and  the  receipts  $21,600,000.  In  1819,  the  expenditures 
were  $24,000,000  and  the  receipts  $24,600,000.  In  1820,  the  expendi- 
tures were  $21,763,000,  and  the  receipts  $20,880,000.  In  1821,  the  ex- 
penditures were  $19,090,000,  and  the  receipts  $19,573,000.  In  1822,  the 
expenditures  were  $17,676,000,  and  the  receipts  $20,232,000.  In  1823, 
the  expenditures  $15,314,000,  and  receipts  20,540,000.  In  1824,  the  ex- 
penditures $31,898,000,  and  receipts  $24,381,000.  In  1825,  the  expend- 
itures $23,580,000,  and  the  receipts  $26,840,000.  In  1826,  the  expendi- 
tures $24,103,000,  and  the  receipts  $26,260,000. 


1827]  ADAMS.  347 

the  Revolution ;  beside  the  sums  necessary  for  the  civil  list, 
for  interest  on  the  public  debt,  annual  instalments  thereof, 
maintenance  of  the  army  and  navy,  and  an  increase  of  the 
latter. 

According  to  the  statement  made  to  Congress  in  the 
message  of  the  President,  the  receipts  in  the  treasury,  in 
1827,  amounted  to  twenty-two  millions  nine  hundred  and 
sixty  thousand  dollars,  and  the  expenditures  were  estimated 
at  twenty-two  millions  five  hundred  thousand  dollars.  Up- 
wards of  six  millions  of  the  latter,  was  for  a  discharge  of  a 
part  of  the  national  debt ;  and  thus  reducing  it  to  sixty -seven 
millions  and  a  half;  being  only  a  moiety  of  what  it  was  in 
1817.  With  a  view  to  the  entire  discharge  of  the  public 
debt  of  the  nation,  a  subject  of  deep  solicitude  with  the 
people,  the  President  recommended  the  strictest  economy 
in  the  application  of  the  public  funds  ;  and  observed  "  that 
it  was  most  important  always  to  keep  the  expenditures 
of  the  year  within  the  limits  of  its  receipts."  * 

The  greater  portion  of  those  who  had  opposed  the  elec- 
tion of  President  Adams,  in  1824,  continued  their  opposi- 
tion during  the  whole  term  of  his  administration,  while 
others  "  who  judged  him  by  his  measures,"  approved  of 
his  general  political  conduct.  Every  possible  objection 
was  made  to  his  course ;  and  the  power  of  party  prejudice 
was  manifested  while  he  was  Chief  Magistrate  of  the  na- 
tion. Particularly,  it  was  objected,  that  the  public  expend- 
itures were  much  greater  than  in  former  years,  and  that 
he  was  alike  extravagant  and  visionary  in  his  plans.  An 
unhappy  prejudice  was  thus  created  or  strengthened  against 
him  as  a  politician ;  but  with  no  just  cause  for  the  charge. 
His  views  on  the  question  of  internal  improvements  were 
not  agreeable  to  such  as  wished  to  confine  the  federal  gov- 
ernment to  legislate  on  subjects  granted  by  the  Constitu- 
tion :  but  no  one  could  justly  accuse  him  of  ever  employing 
the  means  of  corruption,  or  of  incurring  expenses  to  the 
government  for  the  purposes  of  patronage  ;  and  no  one  ever 
doubted  the  sincerity  or  ardor  of  his  patriotism. 

In  1824,  Congress  passed  a  law  authorizing  surveys  for 
canals  and  roads,  which  might  be  for  the  improvement  of 
the  country,  and  facilitate  the  intercourse  between  distant 
parts  of  the  Union.     And  it  was  at  the  discretion  of  the 

*  In  1827,  the  expenditures  were  less  than  the  receipts  only  in  about 
$500,000.  In  1828  and  1829,  the  expenditures  exceeded  the  receipts  by 
$400,000.  In  1830,  the  expenditures  and  receipts  were  very  nearly  of  same 
amount.  In  1831,  the  expenditures  were  greater  than  the  receipts  by  nearly 
$2,000,000;  and  in  1832,  by  nearly  $3,000,000. 


348  FEDERAL  GOVERNMENT.  [1827 

executive,  that  such  surveys  were  to  be  made.*  President 
Adams,  being  in  favor  of  internal  improvements  at  the  ex- 
pense of  the  federal  government,  ordered  various  surveys 
during  the  year  1825  and  1826.  The  reports  made  to  him 
by  the  surveyors  were  communicated  to  Congress  at  this 
and  the  preceding  session  ;  and  serve  to  show  his  readi- 
ness to  carry  into  full  effect  the  power  granted  him  by  the 
national  legislature.  They  were  the  following: — relating 
to  the  Chesapeake  and  Ohio  canal — the  continuance  of  the 
great  national  road  from  Cumberland  to  the  waters  within 
the  District  of  Columbia — the  continuation  of  that  road 
from  Canton,  (Ohio.)  to  Zanesville, — the  location  of  the 
national  road  from  Zanesville  to  Columbus,  (Ohio,) — the 
continuation  of  the  same  to  the  seat  of  government  in  Mis- 
souri,— a  post  road  from  Baltimore  to  Philadelphia, — a 
survey,  in  part,  of  Kennebec  river, — a  national  road  from 
Washington  to  Buffalo, — a  canal  from  lake  Ponchartrain 
to  the  river  Mississippi :  Surveys  at  Edgartown,  Hayannis 
harbor,  and  Newburyport — of  La  Plaisance  bay,  in  the 
territory  of  Michigan, — the  Peninsula  of  Florida,  with  the 
view  to  a  canal  to  connect  the  waters  of  the  Atlantic  with 
the  Gulf  of  Mexico,  and  also  between  the  bays  of  Mobile 
and  of  Pensacola, — for  a  canal,  to  connect  the  waters  of 
James  and  Great  Kenhawa  rivers — of  the  Swash  in  Pam- 
lico sound,  and  that  of  Cape  Fear,  below  Wilmington,  in 
North  Carolina.  The  views  of  the  President  were  further 
developed  by  his  observations  in  connection  with  these 
reports — "  all  the  officers  of  the  two  engineer  corps,  with 
several  others  duly  qualified,  have  been  constantly  em- 
ployed in  these  services,  from  the  passing  of  the  act  of 
April,  1824,  to  this  time.  And  were  no  other  advantage  to 
accrue  to  the  country,  from  their  labors,  than  the  fund  of 
topographical  knowledge  which  they  have  collected  and 
communicated,  that  alone  would  have  been  a  profit  to  the 
Union,  more  than  adequate  to  all  the  expenditures  which 
have  been  devoted  to  the  object ;  but  the  appropriation  for 
the  repair  and  continuation  of  the  Cumberland  road,  for 
the  construction  of  various  other  roads,  for  the  removal  of 
obstructions  from  the  rivers  and  harbors,  for  the  erection 
of  lighthouses,  beacons,  piers,  and  buoys,  and  for  the 
completion  of  canals,   undertaken  by  individual  associa- 


*  The  act  gave  him  power  "  to  cause  surveys,  plans,  and  estimates  to  be 
made  of  the  routes  of  such  roads  and  canals  as  he  might  deem  of  national  im- 
portance, in  a  military  or  commercial  point  of  view,  or  necessary  for  the  trans- 
portation of  the  public  mail." 


1827]  adams.  349 

tions,  but  needing  the  assistance  of  means  and  resources 
more  comprehensive  than  individual  enterprize  can  com- 
mand, may  be  considered  rather  as  treasures  laid  up,  from 
the  contributions  of  the  present  age,  for  the  benefit  of  pos- 
terity, than  as  unrequited  applications  of  the  accruing  rev- 
enues of  the  nation.  To  such  objects  of  permanent  im- 
provement in  the  condition  of  the  country,  of  real  addition 
to  the  wealth  as  well  as  comfort  of  the  people,  three  or 
four  millions  of  the  income  of  the  nation  have,  by  laws 
enacted  at  three  most  recent  sessions  of  Congress,  been 
applied,  without  entrenching  upon  the  necessities  of  the 
treasury  ;  without  adding  a  dollar  to  the  taxes  or  debts  of 
the  community ;  without  suspending  even  the  steady  and 
regular  discharge  of  the  debts  contracted  in  former  days  ; 
which,  within  the  same  three  years,  have  been  diminished 
by  nearly  sixteen  millions." 

The  majority  of  Congress,  at  this  time,  did  not  fully  agree 
in  the  opinion  and  views  of  the  President  as  to  the  propri- 
ety of  these  surveys ;  and  they  appear  not  to  have  approved 
of  the  construction  which  he  put  upon  the  law  of  1824. — 
There  had  always  been  a  large  minority  in  the  federal  legis- 
lature, and  generally  a  majority  opposed  to  appropriations 
for  such  purposes.     It  had  been  sometimes  voted  not  to  ex- 
pend more  money  on  the  Cumberland  road  ;  particularly  as 
to  the  continuation  of  it  through  the  States  of  Ohio,  Indiana, 
and  Illinois,  to  Missouri.     And  it  was  believed,  by  many 
able  statesmen  who  were  in  favor  of  confining  the  powers 
of  the  national  government  to  the  specific  objects  contem- 
plated by  the  Constitution,  that   the   liberal   construction 
given  to  it  in  reference  to  works  of  internal  improvements, 
served  only  to  increase  the  power  and  patronage  of  the 
executive,  which  was  always  liable  to  abuse,  or  to  an  ex- 
ercise of  a  party  or  partial  character.     The  plan  of  aiding 
States  and  companies,  in  their  enterprizes  for  these  professed 
objects,  it  was  believed,  would  lead  to  very  great  drafts  on 
the  treasury  of  the  United  States,  and  would  also  afford  an 
opportunity  to  the  President,  at  any  time,  to  show  favor  to 
particular  corporations  or  to  certain  parts  of  the   Union,  to 
gratify  his  personal  views  and  predilections.     In  the  con- 
clusion of  this  annual  message  to  Congress,  the  President 
spoke  of  the  claims  of  the  surviving  officers  of  the  Revo- 
lutionary army  on  the  national  government  for  compensation 
for  their  services  so  important  to  the  country,  and  for  which 
they  had  not  been  recompensed  according  to  the  early  prom- 
ises made  to  them  by  the  Congress  of  the  confederation.-^- 
"  The  nation,"  he  said,  "  owed  to  these  meritorious  veterans 


350  FEDERAL  GOVERNMENT.  [1827 

a  debt  of  justice  as  well  as  of  gratitude."  They  had  then 
been  soliciting  a  fulfilment  of  these  early  promises  of  Con- 
gress for  several  years,  but  without  success.  And  they  did 
not  ask  it  merely  as  a  favor,  or  because  they  were  generally 
poor,  but  as  a  compensation  founded  in  equity  and  justice 
for  services  actually  rendered,  and  never  fully  rewarded. 
Provision  was  made  by  Congress  in  1818,  for  granting  relief 
to  the  destitute  among  those  who  had  served  in  the  war  of 
the  Revolution  only  for  nine  months  ;  but  the  most  merito- 
rious, whose  services  were  given  during  the  whole  war,  and 
who  continued  faithful  to  their  country's  cause  till  peace 
was  made  with  the  enemies  of  its  liberties,  had  received  no 
compensation.  Their  claims  were  founded  on  resolves  of 
the  old  Congress,  passed  in  1780  and  1781,  when  their  ser- 
vices were  called  for  and  justly  appreciated,  granting  them 
half  pay  for  life ;  but  which  was  commuted,  in  1783,  at  the 
request  of  their  fellow  citizens,  and  from  the  purest  and 
most  patriotic  motives,  for  the  amount  of  five  years'  pay ; 
and  even  that  was  in  such  paper  as  was  worth  not  more 
than  a  tenth  part  of  its  nominal  value.  Their  applications 
to  Congress  for  an  equitable  allowance,  had  indeed  been 
favorably  considered  by  committees  for  several  preceding 
years ;  but  no  act  had  been  passed  granting  them  compen- 
sation. The  recommendation  by  the  President  of  their  case 
and  services,  at  this  time,  no  doubt  had  an  influence  with 
Congress  in  granting  them  an  allowance  during  the  session. 
The  compensation  allowed  was  honorable  to  the  members 
of  that  Congress,  while  it  proved  highly  acceptable  to  the 
objects  of  the  bounty,  who,  with  very  few  exceptions,  were 
now  advanced  to,  and  even  beyond  the  common  age  of  man. 
The  greater  part  of  them  were  not  in  affluent  circumstances ; 
and  though  not  wholly  destitute  of  property,  needed  the  al- 
lowance thus  equitably  granted,  to  secure  their  own  and 
family's  comfort.* 

The  expenses  for  the  support  of  the  federal  government, 
in  all  its  branches,  at  this  period  amounted  to  a  large  sum. 
The  annual  increase  of  the  navy,  the  erection  and  repair 
of  fortifications,  the  pensions  to  the  officers  and  soldiers 
of  the  revolutionary  army,  the  interest  and  reduction  of 
the  national  debt,   greatly  enhanced  by  the  war  of  1812, 

*  There  was  more  opposition  in  Congress  to  the  allowance  than  those  might 
have  expected  who  knew  the  services  and  sacrifices  of  the  worthy  recipients; 
but  there  were  no  party  feelings  operating  on  the  occasion.  Among  the  able 
advocates  for  the  compensation,  were  Van  Buren,  Harrison,  Webster,  Wood- 
bury, Johnson,  and  Berrien  of  the  Senate;  and  Drayton,  Buchanan,  Everett, 
Reed,  Dwight,  Sprague,  Burgess,  Mercer,  and  Hamilton  of  the  House. 


«   1827]  ADAMS.  351 

surveys  and  works  of  internal  improvement,  and  annuities 
to  several  Indian  tribes,  of  whom  lands  had  been  purchased 
to  a  great  extent :  all  these  now  made  an  aggregate  of 
about  twenty-four  or  five  millions.  And  though  due  econ- 
omy was  recommended,  it  was  not  to  be  expected  that  it 
would  be  rigidly  practiced  in  all  cases,  when  there  was 
necessarily  a  vast  number  of  public  officers  and  agents. 
And  yet  it  afforded  an  occasion,  for  such  as  were  previously 
disposed  to  charge  the  executive  with  extravagance  in  the 
public  expenditures,  to  censure  the  President,  and  to  per- 
suade a  portion  of  the  people  of  the  Union  that  he  was  de- 
ficient in  judgment,  or  a  watchful  fidelity,  in  the  manage- 
ment of  national  finances.  This  was  one  great  cause  of 
the  election  of  another  individual  for  the  first  executive 
officer  of  the  federal  government  in  1828.  Men  who  ought 
to  have  been  better  informed,  and  less  under  the  influence 
of  prejudices,  made  great  objections  to  President  Adams  on 
this  account ;  when  a  thorough,  but  fair  and  impartial  in- 
vestigation must  have  shown,  that  he  was  equally  faithful 
in  the  duties  of  his  office,  relating  to  the  expenditures  of  the 
government,  as  either  of  his  predecessors  had  been.* 

*  For  repairs  and  continuation  of  Cumberland  road,  one  hundred  and  sev- 
enty-five  thousand  dollars  were  appropriated  at  the  session    1827,    1828 — 
thirteen  thousand  for  clearing  the  Ohio  river,  and  Huron  river,  in  the  State  of 
Ohio — for  piers  at  the  mouth  of  Dunkirk  harbor  in  New  York,  six  thousand — 
for  a  public  road  from  Detroit  to  Maumee,  six  thousand — and  from  Detroit  to 
Chicago,  eight  thousand  dollars — for  piers   in   the  mouth  of  Oswego  harbor, 
New  York,  nine  thousand  five  hundred — to  deepen  the  channel  of  entrance 
into  the  harbor  of  Presque  Isle,  six  thousand — to  remove  obstructions  in  Ash- 
tabula Creek,  Ohio,  four  thousand  five  hundred — to  remove  obstructions  in  the 
Berwick  branch  of  Piscataqua  river,  Maine — to  deepen  the  channel  for  naviga- 
tion between  St.  John's  river,  Florida,  and  St.  Mary's  harbor  in  Georgia — also, 
of  the  river  and  harbor  of  St.  Mark's,  in  Florida — to  remove  obstructions  in  the 
Kennebec  river,  three  thousand  five  hundred — to  secure  the  light  on  Brandy- 
wine    shoals,    in   Delaware   bay,  ten   thousand — for   various  surveys,  thirty 
thousand — to  complete  a  pier,  near  another  pier,  at  Buffalo,  thirty-four  thousand 
— for  a  military  road  in  Maine,  from  the  Penobscot  river  to  Mar's  Hill — to  re- 
move obstructions  (the  bar)  at  the  mouth  of  Merrimac  river — to  preserve  Deer 
Island,  in  the  harbor  of  Boston — to  erect  piers  at  Stonington,  Connecticut — to 
repair  piers  at  Port  Penn,  and  Marcus   Hook — to   remove   obstructions  and 
shoals  in  North  Carolina — and  in  Apalachicola,  Florida — to  improve  the  navi- 
gation of  Red  river  ;  and  of  Sackett's  Harbor — to  survey  the  harbor  of  Nan- 
tucket for  the  purpose  of  improving  it — to  deepen  the  channel  at  the  mouth  of 
Pascagoula  river — to  improve  the  navigation  of  the  Mississippi  and  Ohio  rivers. 
For  lighthouses  ;  one  in  Maine,  three  in  Massachusetts,  one  in  Rhode  Island, 
and  two  spindles  or  pyramids,  one  in  Connecticut,  three  in  New  York,  three 
in  Maryland,   and  one  in  Virginia  ;  in  North   Carolina  one    light  vessel    in 
lieu  of  a  lighthouse,  and  two  beacon  lights;  in  Alabama,  one   lighthouse  and 
spindle  ;  in  Michigan,  two  lighthouses,  in  Florida  one,   one  in  New  Hamp- 
shire, one  in  Delaware,  and  several  buoys.     A  breakwater  was  also  ordered 
to  be  constructed  near  the  mouth  of  Delaware  bay,  and  two  hundred  and  fifty 


352  FEDERAL  GOVERNMENT.  [1827 

Among  the  important  measures  and  acts  of  the  twentieth 
Congress,*  were  the  following — An  act  to  prevent  defalca- 
tions on  the  part  of  disbursing  agents  and  officers  of  the 
United  States  ;  and  by  which  it  was  ordered  that  no  wages 
should  be  paid  to  persons  who  were  in  arrears  to  the  gov- 
ernment, till  they  had  accounted  for,  and  paid  into  the 
Treasury  all  sums  for  which  they  were  liable — a  similar 
law  was  passed  during  the  administration  of  President 
Monroe — an  act  for  the  relief  or  benefit  of  Columbia  College, 
in  the  District  of  Columbia — an  act  for  the  relief  of  pur- 
chasers of  the  United  States  land ;  allowing  them  further 
time  of  payment — an  act  granting  the  privilege  of  frank- 
ing letters,  to  Hon.  Charles  Carrol,  the  only  survivor  of 
the  patriotic  band  of  worthies  who  signed  the  Declaration 
of  Independence,  July  4th,  1776 — an  act  appropriating  five 
thousand  dollars  for  an  addition  to  the  library  of  Congress 
— an  act  authorizing  the  President  to  appoint  agents  "  for 
designating  and  settling  the  line  forming  the  northeast 
boundary  of  the  United  States,  and  for  bringing  the  existing 
controversy  with  Great  Britain,  on  that  subject,  to  a  speedy 
termination" — an  act  to  empower  the  President  to  subscribe, 
on  behalf  of  the  government,  for  ten  thousand  shares  in  the 
stock  of  the  Chesapeake  and  Ohio  Canal  Company — and 
an  act  for  laying  higher  duties  on  several  imported  articles, 
than  the  laws  of  Congress  then  imposed,  viz.  on  wool,  and 
on  woollen  cloths ;  on  cotton  cloths ;  on  iron,  hemp,  cotton 
bagging,  sail  duck,  silks,  molasses,  and  distilled  spirits. 
On  wines,  the  rate  of  duties  was  reduced,  and  no  draw  back 
was  allowed  on  spirits  distilled  from  molasses,  nor  on  sail 
duck  exported. 

The  additional  duty  on  iron,  caused  complaints  in  some 
parts  of  the  country ;  but  those  on  woollen  and  cotton 
goods,  were  most  strongly  opposed,  and  denounced  as  un- 
equal and  oppressive.  In  the  middle  and  southern  States, 
where  there  were  few  or  no  manufactories  of  these  goods, 
the  opposition  was  loud  and  severe.  The  duties  on  low- 
thousand  dollars  appropriated  ;  which  was  probably  not  half  its  cost.  It  was 
voted  by  Congress,  at  the  same  session,  to  subscribe  on  part  of  the  federal  gov- 
ernment, for  ten  thousand  shares  in  the  stock  of  the  Chesapeake  and  Ohio  Canal 
Company.  And  an  appropriation  was  then  made  for  defraying  the  expenses  of 
agents  of  the  Choctaw,  Creek,  Cherokee,  and  Chickasaw  tribes  of  Indians,  to 
explore  the  country  west  of  the  river  Mississippi,  in  order  to  the  emigration  to 
that  territory  of  such  as  should  choose  to  remove  and  settle  there. 

*  The  political  parties  in  Congress,  December,  1828,  were  nearly  equal, 
the  speaker  was  elected  by  only  four  votes  majority  ;  and  he  was  opposed  to 
the  administration. 


1828]  adams.  353 

priced  woollens  was  disproportionately  high,  and  operated 
severely  upon  those  who  used  them;  and  the  southern 
planters  made  great  use  of  them  for  their  slaves.  The 
complaint  was  also  heard  in  the  northern  and  eastern 
States,  against  the  law,  in  this  respect ;  for  the  lower  classes 
of  people  in  those  parts  also  purchased  largely  of  the  coarser 
woollens  for  common  use.  The  merchants  and  citizens  of 
Boston,  in  their  memorial  and  remonstrance  against  an  in- 
crease of  duties  on  imported  woollen  goods,  in  1827,  as- 
serted, that  the  American  system,  so  called,  was  founded 
in  error  and  injustice  ;  that  it  would  eventually  prove  in- 
jurious to  the  manufacturers  themselves,  and  was  unequal 
and  oppressive  in  its  operation  :  oppressive  to  the  lower 
classes  of  the  people,  and  unequal  as  to  different  sections 
of  the  Union." 

The  message  of  the  President  to  the  national  legislature, 
at  the  opening  of  its  annual  session,  contains  a  summary 
of  the  proceedings  of  the  executive  during  the  recess  of 
Congress,  and  gives  a  statement  of  transactions  and  oc- 
currences relating  to  the  public  affairs  of  the  government 
and  its  officers.     In  that  of  President  Adams,  December, 
1828,  which  was  the  last  he  communicated,  on  a  similar 
occasion,  he  represented  the  United  States  to  be  in  a  highly 
prosperous  condition,  enjoying  peace  with  all  other  nations ; 
and  making  rapid  advances  in  population  and  wealth,  and 
in  the  use  of  their  abundant  resources  and  means  for  in- 
ternal improvements.     The  President  referred  particularly 
to  the  subject  of  the  northeastern  boundary  of  the   United 
States,  between  Maine  and  New  Brunswick,  and  informed 
Congress,  that,  as  the  agents  of  the  two  governments,  em- 
ployed for  the  purpose,  were  unable  to  agree,  the  question 
would   be   referred  to  the    King   of  the    Netherlands ;  in 
whose  impartiality  and  probity  he  had  the   utmost  confi- 
dence.    The  subject  was  becoming  every  year  more   in- 
teresting to  the  people  of  Maine,  and  of  other  parts  of  the 
United  States ;  and   interferences   and  collisions  had  hap- 
pened between  the  inhabitants  of  the  two  contiguous  ter- 
ritories, as  each  claimed  the  same  tract  of  country.     Sev- 
eral citizens  of  Maine  made  settlements  on  the  disputed 
territory,   and    the   British   claimed  jurisdiction    over  the 
whole,  and  frequently  attempted  to  exercise  authority  ac- 
cordingly.     The  argument   of    the    government  of  New 
Brunswick  for  this  was,   that,  as  all   the   tract  in   dispute 
belonged  to  Great  Britain  before  the  treaty  of  1783,  recog- 
nized and  confirmed  by  the  treaty  of  Ghent,  in  1815,   it 
45 


354  FEDERAL  GOVERNMENT.  [1828 

ought  to  continue  under  its  control  and  in  its  possession, 
until  it  should  be  found  to  belong  to  the  United  States. 

In  speaking  of  the  relations  with  France,  the  President 
said,  that  there  was  good  reason  to  believe  the  claims  to  in- 
demnity for  depredations — committed  on  the  commerce  of 
the  United  States,  during  the  revolutionary  governments  of 
that  country,  and  which  had  been  many  years  presented  and 
urged — would  be  admitted,  and  justice  be  done  to  Amer- 
ican citizens  whose  property  was  seized  and  confiscated. 

The  political  and  commercial  relations  with  Great  Britain 
were  not,  in  the  opinion  of  the  President,  of  an  unfriendly 
character,  though  the  difficulties  still  remained,  as  to  the 
trade  with  her  American  colonies.  "  The  interdiction  of  a 
direct  trade  with  British  ports  in  America  had  not  proved 
extensively  injurious  to  the  commerce  of  the  United  States. 
Indeed  the  exports,  the  revenue,  and  the  navigation  of  the 
country,  had  suffered  no  perceptible  diminution  by  our  ex- 
clusion from  direct  access  to  British  colonial  ports."  Dif- 
ferent channels  had  been  found  for  an  exchange  of  com- 
modities desired  by  both  countries.  The  produce  of  the 
United  States  needed  by  the  British  in  their  colonies,  was 
conveyed  indirectly  to  the  islands  and  elsewhere.  The 
subject,  however,  was  earnestly  recommended  by  the  Pres- 
ident to  the  early  attention  of  Congress. 

The  message  announced  that  a  treaty  would  probably 
then  soon  be  made  with  Austria ;  which,  it  was  believed, 
would  be  for  the  commercial  benefit  of  the  United  States. 
And  in  this  treaty,  the  President  observed,  "  care  had  been 
taken  to  establish  and  extend  those  principles  of  liberal  in- 
tercourse and  of  fair  reciprocity,  which  intertwine  with  the 
exchanges  of  commerce,  the  principles  of  justice,  and  the 
feelings  of  mutual  benevolence."  "  This  system,"  he  added, 
" first  proclaimed  to  the  world,  in  the  first  commercial  treaty 
by  the  United  States — that  with  France,  on  the  6th  of  Feb- 
ruary, 1778 — has  been,  invariably,  the  cherished  policy  of 
the  Union.  And  it  is  by  treaties  of  commerce  only  that  it 
can  be  made,  ultimately,  to  prevail,  as  the  established  sys- 
tem of  all  civilized  nations.  With  this  principle,  our  fathers 
extended  the  hand  of  friendship  to  every  nation  of  the 
globe  :  and  to  this  policy  our  country  has  ever  since  adhered. 
For  whatever  of  regulation  in  our  laws  has  ever  been 
adopted,  unfavorable  to  the  interest  of  any  foreign  nation, 
has  been  essentially  defensive,  and  counteracting  to  similar 
previous  regulations  on  their  part,  operating  against  us." 
A  hope  was  expressed  by  the  President  in  this  message,  that 


1828]  ADAMS.  355 

these  principles  would  soon  be  recognized  and  approved  by 
the  whole  civilized  world. 

"  The  condition  of  neighboring  American  nations  in  the 
south,  was  rather  that  of  approaching,  than  of  settled  tran- 
quillity.    Internal   disturbances   had   been  more  frequent 
among  them  than  was  anticipated  :  but  the  intercourse  of 
the  United  States  with  them  continued  to  be  that  of  friend- 
ship and  of  mutual  good  will.     Treaties  of  commerce  and 
of  boundaries  with  the  united  Mexican  States  had  been 
attempted,  and  were  still  in  process  of  negotiation,  but  had 
not  been  brought  to  a  final  conclusion,  from  various  and 
successive  obstacles.     The  finances  of  the  federal  govern- 
ment were  never  in  a  more  prosperous  state,  than  at  this 
period ;  and  yet  there  had  been  no  unnecessary  stinting  of 
the  public  expenditures  for  great  national  works  of  defence 
or  internal  improvement.    The  revenue  arising  from  imports 
was  of  greater  amount  than  had  been  estimated.     The  re- 
ceipts into  the  public  treasury   amounted  to  twenty-four 
million  and  ninety-five  thousand  dollars.     The  expenditures 
amounted  to  twenty-five  millions  and  a  half ;  which  included 
over  nine  millions  paid  for  reducing  the  public  debt  of  the 
nation,  which  was  at  six  per  cent. :  thus  reducing  the  annual 
interest  somewhat  more  than  half  a  million.     To  the  re- 
ceipts of  the  year  should  be  added,  when  comparing  these 
with  the  expenditures,  five  millions  in  the  treasury  at  the 
beginning  of  1828  ;  thus  allowing  for  the  yearly  expenses, 
should  it  be  needed,  the  sum  of  twenty-eight  millions.     The 
amount  paid  for  interest  on  the  old  public  debt,  was  over 
three  millions ;  and  that  debt  was  now  reduced  to  fifty-eight 
millions.     In  the  opinion  of  the  President,  the  revenue  of 
the  succeeding  year  would  equal  and  probably  surpass  that 
of  1828:   "for  the  uniform  experience  of  forty  years  had 
shown,  that  whatever  had  been  the  tariff  of  duties  on  im- 
ported articles,  the  amount  of  importations   had   always 
borne  an  average  value,  nearly  approaching  to  that  of  the 
exports  ;  though  occasionally  differing  in  the  balance.     It 
is  indeed,  a  general  law  of  prosperous  commerce,  that  the 
value  of  exports  should,  by  at  least  a  small  balance,  exceed 
that  of  imports — that  balance  being  a  permanent  addition 
to  the  wealth  of  the  nation.     For  the  extent  of  the  pros- 
perous commerce  of  the  nation  must  be  regulated  by  the 
amount  of  its  exports :  and  an  important  addition  to  the 
value  of  these,  will  draw  after  it  a  corresponding  increase 
of  importations. 

"  It  has  happened,  in  the  vicissitudes  of  the  seasons,  that 
the  harvests  of  Europe  have,  in  the  late  summer  and  au- 


356  FEDERAL  GOVERNMENT.  [1828 

tumn,  fallen  short  of  their  usual  average.  A  relaxation  of 
the  interdict  upon  the  importation  of  grain  and  flour  from 
abroad  has  ensued;. a  propitious  market  has  been  opened 
to  the  granaries  of  our  country;  and  a  new  prospect  of 
reward  presented  to  the  labors  of  the  husbandman  ;  which, 
for  several  years,  has  been  denied.  This  accession  to  the 
profits  of  agriculture,  in  the  middle  and  western  portions  of 
the  Union,  is  accidental  and  temporary  :  it  may  continue 
but  for  a  single  year.  But  we  may  consider  it  certain,  that, 
for  the  approaching  year,  it  has  added  an  item  of  large 
amount  to  the  value  of  our  exports,  and  that  it  will  procure 
a  corresponding  increase  of  importations.  It  may  therefore 
be  foreseen,  that  the  revenue  of  1829  will  equal  and  probably 
exceed  that  of  1828  ;  and  will  afford  the  means  of  extin- 
guishing ten  millions  more  of  the  public  debt.  This  new 
element  of  prosperity  to  that  part  of  our  agricultural  in- 
dustry, which  is  occupied  in  producing  the  first  article  of 
human  subsistence,  is  of  the  most  cheering  character  to  the 
feelings  of  patriotism.  The  great  interests  of  an  agricul- 
tural, commercial,  and  manufacturing  nation  are  so  linked 
in  union  together,  that  no  permanent  cause  of  prosperity  to 
one  of  them  can  operate  without  extending  its  influence  to 
the  others.  All  these  interests  are  alike  under  the  protect- 
ing power  of  the  legislative  authority  ;  and  the  duties  of  the 
representative  bodies  are  to  conciliate  them  in  harmony 
together.  So  far  as  the  object  of  taxation  is  to  raise  a  rev- 
enue for  discharging  the  debts  and  defraying  the  expenses 
of  the  community,  it  should,  as  much  as  possible,  suit  the 
burden  with  equal  hand  upon  all,  in  proportion  with  their 
ability  of  bearing  it  without  oppression.  But  the  legislation 
of  one  nation  is  sometimes  intentionally  made  to  bear  heav- 
ily upon  the  interest  of  another." 

In  this  connection,  referring  to  the  policy  of  the  national 
government,  which  afforded  encouragement  to  domestic 
manufactures,  opposed  by  a  large  portion  of  the  people,  to 
the  extent  then  given,  but  of  which  the  President  approved, 
he  asks,  '•' Is  the  self-protecting  energy  of  this  nation  so 
helpless,  that  there  exists,  in  the  political  institutions  of  our 
country,  no  power  to  counteract  the  bias  of  foreign  legisla- 
tion ?  That  the  growers  of  grain  must  submit  to  this  ex- 
clusion from  the  foreign  markets  of  their  produce  1  That 
the  shippers  must  dismantle  their  vessels  ?  The  trade  of  the 
north  stagnate  at  the  wharves,  and  the  manufacturers  starve 
at  their  looms,  while  the  whole  people  shall  pay  tribute  to 
foreign  industry,  to  be  clad  in  a  foreign  garb?  That  the 
Congress  of  the  Union  is  impotent  to  restore  the  balance  in 


1828]  ADAMS.  357 

favor  of  native  industry,  destroyed  by  the  statutes  of  another 
realm?  I  trust  more  just  and  generous  sentiments  will 
prevail.  ;:  If  the  tariff  of  the  last  session  of  Congress  shall 
be  found,  by  experience,  to  bear  oppressively  upon  the  in- 
terests of  any  one  section  of  the  Union,  it  ought  to  be  so 
modified  as  to  alleviate  its  burden.  To  the  voice  of  just 
complaint  from  any  portion  of  their  constituents,  the  rep- 
resentatives of  the  States  and  people  will  never  turn  away 
their  ears.  But  so  long  as  the  duty  of  the  foreign  shall 
operate  only  as  a  bounty  upon  the  domestic  article  ;  while 
the  planter,  the  merchant,  the  shepherd  and  the  husbandman, 
shall  be  found  thriving  in  their  occupations,  under  the  du- 
ties imposed  for  the  protection  of  domestic  manufactures, 
they  will  not  repine  at  the  prosperity  shared  with  them- 
selves by  their  fellow  citizens  of  other  professions,  nor  de- 
nounce, as  violations  of  the  Constitution,  the  deliberate  acts 
of  Congress,  to  shield  from  the  wrongs  of  foreign  laws  the 
native  industry  of  the  Union. 

"  While  the  tariff  of  the  last  session  of  Congress  was  a 
subject  of  legislative  deliberation,  it  was  predicted  by  its 
opposers,  that  one  of  its  necessary  consequences  would  be 
to  impair  the  revenue.     It  is  yet  too  soon  to  pronounce,  with 
confidence,  that  this  prediction  was  erroneous.     The  con- 
sequence of  the  tariff  will  be  to  increase  the  exportation  and 
to  diminish  the  importation  of  some  specific  article.     But 
by  the  general  law  of  trade,  the  increase  of  exportation  of 
one  article  will  be  followed  by  an  increased  importation  of 
others,  the  duties  on  which  will  supply  the  deficiences  which 
the  diminished  importation  would  otherwise  occasion.     The 
effect  of  taxation  upon  the  revenue  can  seldom  be  foreseen 
with  certainty.     It  must  abide  the  test  of  experience.     As 
yet,  no  symptoms  of  diminution  are  perceptible  in  the  re- 
ceipts of  the  treasury  ;  as  yet,  little  addition  of  cost  has  been 
felt  on  the  articles  burthened  with  heavier  duties  by  the  last 
tariff.     The  domestic  manufacturer  supplies  the  same  or  a 
kindred  article  at  a  diminished  price ;  and   the  consumer 
pays  the  same  tribute  to  the  labor  of  his  own  countrymen, 
which  he  must  otherwise  have  paid  to  foreign  industry  and 
toil. — "  The  tariff  of  the  last  session  was,  in  its  details,  not 
acceptable  to  the  great  interests  of  any  portion  of  the  Union ; 
not  even  to  the  interest  which  it  was  specially  intended  to 
subserve.     Its  object  was  to  balance  the  burdens  on  native 
industry  imposed  by  the  operation  of  laws  ;  but  not  to  aggra- 
vate the  burdens  of  one  section  of  the  Union  by  the  relief 
afforded  to  another.     To  the  great  principle,  sanctioned  by 
that  act,  one  of  those  upon  which  the  Constitution  itself 


358  FEDERAL  GOVERNMENT.  [1828 

was  formed,  I  hope  the  authorities  of  the  Union  will  adhere. 
But  if  any  of  the  duties  imposed  by  the  act,  only  relieve 
the  manufacturer  by  aggravating  the  burden  of  the  planter, 
let  a  careful  revisal  of  its  provisions,  enlightened  by  the 
practical  experience  of  its  effects,  be  directed  to  retain  those 
which  impart  protection  to  native  industry,  and  remove  or 
supply  the  place  of  those,  which  only  alleviate  one  great 
national  interest  by  the  depression  of  another." 

Great  complaints  were  made  from  some  parts  of  the 
United  States,  against  the  additional  duties  imposed  on 
cotton  and  woollen  goods  by  the  tariff  of  1828;  on  the 
ground  that  the  former  rate  of  duties  was  a  sufficient  pro- 
tection for  domestic  manufactures  ;  and  also  that  the  law, 
in  its  operation,  pressed  unequally  on  different  sections  of 
the  country.  It  was  said  to  be  a  tax  on  the  non-manufac- 
turing, for  the  benefit  of  the  manufacturing,  States.  These 
complaints,  though  not  confined  to  the  States  in  the  southern 
parts  of  the  Union,  were  there  more  loud  and  vehement ; 
and  it  was  apprehended,  that  some  of  the  State  legislatures 
might  impugn  the  authority  of  the  federal  government  to 
impose  a  law  of  such  a  character  and  results  as  the  tariff, 
which  was  adopted  at  the  previous  session  of  Congress.  It 
was  probably  with  reference  to  this  state  of  things,  that  the 
President  submitted  some  of  the  above  remarks ;  and  that 
induced  him  also  to  add  the  following  : — 

"  The  United  States,  and  the  people  of  every  State  of 
which  they  are  composed,  are  each  of  them  sovereign 
powers  ;*  while  the  legislative  authority  of  the  whole  is 
exercised  by  Congress  under  authority  granted  by  the  Con- 
stitution. The  legislative  power  of  each  State  is  exercised 
by  assemblies  deriving  their  authority  from  the  Constitution 
of  the  State.  Each  is  sovereign  within  its  own  province. 
The  distribution  of  powers  between  them  presupposes  that 
these  authorities  will  move  in  harmony  with  each  other. 
The  members  of  State  and  General  governments  are  all 
under  oath  to  support  both ;  and  allegiance  is  due  to  the  one 
and  to  the  other.  The  case  of  a  conflict  between  these  two 
powers  has  not  been  supposed ;  nor  has  any  provision  been 
made  for  it  in  our  institutions." 

"  More  than  once,  in  the  progress  of  our  history,  have 
the  people  and  the  legislature  of  one  or  more  States,  in 
moments  of  excitement,  been  instigated  to  this  conflict ;  and 
the  means  of  effecting  this  impulse  have  been  allegations, 


*  As  strong  an  expression  in  favor  of  State  rights  and  powers,  as  any  real 
federalist,  or  anti-consolodationist  might  reasonably  approve  or  desire. 


1828] 


ADAMS. 


that  the  acts  of  Congress,  to  be  resisted,  were  unconstitu- 
tional* The  people  of  no  one  State  have  ever  delegated  to 
their  legislature  the  power  of  pronouncing  an  act  unconsti- 
tutional ;  but  they  have  delegated  to  them  powers,  by  the  ex- 
ercise of  which  the  execution  of  the  laws  of  Congress,  within 
the  States,  may  be  resisted ;  if  we  suppose  the  case  of  such 
conflicting  legislation  sustained  by  the  corresponding  exec- 
utive and  judicial  authorities.  Patriotism  and  philan- 
thropy turn  their  eyes  from  the  condition  in  which  the 
parties  would  be  placed,  and  from  that  of  the  people  of  both, 
which  must  be  its  victims." 

The  policy  and  conduct  of  President  Adams,  in  his  treat- 
ment of  the  Indian  tribes,  were  in  accordance  with  the 
measures  of  his  predecessors.  He  sought  to  promote  their 
welfare  and  to  protect  their  rights;  at  the  same  time,  that 
he  provided  means  of  defence  for  the  people  in  the  new 
settlements  near  them,  from  their  depredations.  Under  his 
administration,  several  large  tracts  of  land  were  purchased 
of  the  tribes,  lying  west  of  the  Ohio  and  Mississippi  rivers, 
and  within  the  northwest  territory.  These  purchases  were 
made  in  compliance  with  the  laws  of  Congress  for  that  pur- 
pose ;  and  the  promises  and  engagements  of  the  govern- 
ment with  them  were  faithfully  fulfilled.  No  complaints 
were  afterwards  made  by  the  tribes  against  the  executive, 
relating  to  these  transactions. 

The  view  which  he  and  his  predecessors  took  of  the 
tribes,  was  such  as  justice  and  humanity,  and  the  consid- 
eration of  the  character  and  condition  of  the  tribes,  appeared 

*  The  open  opposition  to  the  laws  of  the  federal  government,  in  Pennsyl- 
vania, in  1794,  on  account  of  the  excise  on  whisky,  was  by  a  part  of  the  people, 
and  not  by  the  sanction  of  the  legislature  of  that  State  ;  the  allusion  here,  by 
the  President,  was  probably,  therefore,  to  the  opposition  manifested  by  the 
State  legislatures  of  Virginia  and  Kentucky,  in  1798,  to  the  alien  and  sedition 
laws  of  Congress,  of  that  period.  Each  of  the  legislatures  of  those  States 
solemnly  declared  their  opinion  "  that  those  laws  were  unconstitutional ;  and 
therefore  to  be  accounted  null  and  void."  But  they  did  not  engage  in  nor 
actually  prepare  for  open  and  forcible  resistance  to  the  execution  of  the  acts  of 
the  general  government,  as  was  done  by  the  State  of  South  Carolina  in  1833. 
They  communicated  their  resolutions  and  opinions  to  the  other  States  of  the 
Union,  for  the  purpose  of  ascertaining  their  views,  and  that  a  remedy  might  be 
provided  for  a  constitutional  preventive  of  such  arbitrary  laws,  as  they  sup- 
posed they  were.  Perhaps  it  was  a  rash  and  unjustifiable  measure  to  adopt 
such  resolutions  ;  but  it  should  be  remembered  that  they  appealed  to  other 
State  legislatures  to  decide  on  the  question,  with  the  intention  of  inducing 
Congress  to  repeal  the  laws  so  obnoxious  to  them.  It  does  not  appear  that 
they  meditated  forcible  resistance  to  the  execution  of  the  laws  of  the  federal 
government,  but  only  to  assert  the  right  of  a  State  legislature  to  remonstrate 
against  an  act  of  Congress  believed  to  transcend  the  power  granted  by  the 
national  compact. 


360  FEDERAL  GOVERNMENT.  [1828 

to  dictate.  They  were  originally  independent  nations,  or 
tribes;  and  they  had  rights,  uncivilized  and  illiterate  as 
they  were,  which  were  to  be  recognized  and  respected  by 
the  general  government.  And  yet  it  was  deemed  proper  to 
exercise,  in  some  measure,  a  guardian  and  superintending, 
or  control ing  authority  over  them,  to  preserve  peace  among 
them,  and  to  save  them  from  impositions  and  frauds  from 
individuals  in  the  United  States.  Such  indeed  had  been 
the  views  of  the  federal  rulers  from  the  first. 

The  opinion  of  President  Adams,  as  to  the  political  con- 
dition of  these  uncivilized  tribes,  and  of  the  relations  be- 
tween them  and  the  government  of  the  United  States,  is 
clearly  indicated  by  the  following  paragraph  in  his  last 
annual  message  to  Congress,  December,  1828. — "At  the 
establishment  of  the  federal  government  under  the  present 
Constitution  of  the  United  States,  the  principle  was  adopted 
of  considering  them  as  foreign  and  independent  powers,  and 
also  as  proprietors  of  lands.  They  were,  moreover,  con- 
sidered as  savages,  with  whom  it  was  our  policy  and  our 
duty  to  use  an  influence  in  converting  to  Christianity,  and 
bringing  within  the  pale  of  civilization.  As  independent 
powers,  we  negotiated  with  them,  by  treaties ;  as  proprie- 
tors, we  purchased  of  them  all  the  lands  which  we  could 
prevail  on  them  to  sell ;  as  brethren  of  the  human  race, 
rude  and  ignorant,  we  endeavored  to  bring  them  to  the 
knowledge  of  religion  and  of  letters.  The  ultimate  design 
was  to  incorporate  in  our  own  institutions  that  portion  of 
them,  which  could  be  converted  to  the  state  of  civilization. 

In  the  practices  of  European  States  before  our  Revolution, 
they  had  been  considered  as  children  to  be  governed,  as  ten- 
ants at  discretion,  to  be  dispossessed  as  occasion  might  re- 
quire ;  as  hunters,  to  be  indemnified  by  trifling  concessions 
for  removal  from  the  grounds  on  which  their  game  was  extir- 
pated. In  changing  the  system,  it  would  seem  as  if  a  full 
contemplation  of  the  consequences  of  the  change  had  not 
been  taken.  We  have  been  far  more  successful  in  the  ac- 
quisition of  their  lands  than  in  imparting  to  them  the  prin- 
ciples, or  inspiring  them  with  the  spirit  of  civilization.  But 
in  appropriating  to  ourselves  their  hunting  grounds,  we 
have  brought  upon  ourselves  the  obligation  of  providing 
them  with  subsistence  ;  and  when  we  have  had  the  rare 
good  fortune  of  teaching  them  the  arts  of  civilization  and 
the  doctrines  of  Christianity,  we  have  unexpectedly  found 
them  forming,  in  the  midst  of  ourselves,  communities 
claiming  to  be  independent  of  ours,  and  rivals  for  sove- 
reignty within  the  territory  of  the  members  of  our  Union. 


1828]  ADAMS.  361 

This  state  of  things  requires  that  a  remedy  should  be  pro- 
vided— a  remedy  which,  while  it  shall  do  justice  to  those 
unfortunate  children  of  nature,  may  secure  to  the  members 
of  our  confederacy  their  rights  of  sovereignty  and  of  soil."* 

The  President  referred,  with  approbation,  to  a  plan  pro- 
posed by  the  Secretary  of  War  ;f  who,  in  his  report  at  that 
time,  had  said,  "  that  in  their  present  destitute  and  deplora- 
ble condition,  which  is  constantly  growing  more  helpless, 
it  would  seem  to  be  not  only  the  right,  but  the  duty  of  the 
federal  government  to  take  them  under  its  paternal  care, 
and  to  exercise,  over  their  persons  and  property,  the  salu- 
tary rights  and  duties  of  guardianship.  The  most  prom- 
inent feature  in  the  present  policy  of  the  government,  as 
connected  with  these  tribes,  is  to  be  found  in  the  efforts 
now  making  to  remove  them  beyond  the  limits  of  the  States 
and  organized  territories.  A  very  extensive  tract  of  coun- 
try, west  and  north  of  the  Arkansas  territory,  remarkable 
for  salubrity  of  climate,  fertility  of  soil,  and  profusion 
of  game,  has  lately  been  set  apart  for  the  colonization  of  the 
Indians.  Liberal  pecuniary  inducements  have  been  offered 
by  Congress  to  emigrants,  and  many  have  already  em- 
braced the  offer.  But  the  ultimate  success  of  the  project 
has  been  greatly  endangered,  and  may  yet  be  defeated,  by 
the  operation  of  another  prominent  measure  of  government  ; 
which,  although  suggested  by  the  most  humane  motives, 
comes  in  direct  conflict  with  the  plan  of  colonization.  J 

"  The  annual  appropriation  of  ten  thousand  dollars  to  the 
purposes  of  educating  Indian  children,  and  teaching  them  the 
mechanic  arts,  has  had  the  effect  to  draw  to  almost  every  In- 
dian reservation,  in  addition  to  the  agents  and  interpreters, 
a  considerable  number  of  missionaries  and  teachers,  with 
their  families,  who  having  acquired,  chiefly  by  aid  of  the 
fund,  very  comfortable  establishments,  are  unwilling  to  be 

*  Here  it  seems  to  be  admitted  that  the  claims  of  State  governments,  over 
the  Indian  tribes,  within  their  several  limits,  was  just.  But  no  State  authority 
could  hence  be  justified  in  treating  the  tribes  with  oppression  or  severity,  in 
exercising  authority  over  them. 

t  Hon.  James  Barbour  of  Virginia,  was  then  the  secretary  of  the  war  de- 
partment. 

t  However  unpleasant  this  suggestion  may  be,  to  some  pious  and  benevo- 
lent men,  its  propriety  cannot  justly  be  denied.  Some  missionaries  have  im- 
prudently interfered  in  the  affairs  between  the  Indian  tribes  and  the  general 
government.  Their  motives,  no  doubt,  were  commendable,  and  they  have 
been  instrumental  of  good,  in  some  cases.  But  they  have  also  sometimes 
stepped  aside  from  their  proper  course,  and  advised  the  Indians  not  to  remove 
nor  give  up  their  lands,  when  the  government  has  been  urging  them  to  remove, 
in  the  belief  that  it  would  be  for  their  benefit  and  preservation. 

46 


362  FEDERAL  GOVERNMENT.  [1828 

deprived  of  them  by  the  removal  of  the  Indians  :  and  thus 
it  is  found  that,  while  the  agents  specially  employed  by 
the  government  for  this  purpose,  are  engaged  in  persuading, 
by  profuse  distributions  of  money  and  presents,  the  Indians 
to  emigrate,  another  set  of  government  agents  are  operating, 
more  secretly  to  he  sure,  but  not  with  less  effect,  to  prevent 
such  emigration. 

"  If  the  project  of  colonization  be  a  wise  one,  and  of  this 
I  believe  no  one  entertains  a  doubt,  why  not  shape  all  our 
laws  and  treaties  to  the  attainment  of  that  object,  and  im- 
part to  them  an  efficacy  which  will  be  sure  to  effect  it  1 
Let  such  of  the  emigrating  Indians  as  choose,  continue,  as 
heretofore,  to  devote  themselves  to  the  chase,  in  a  country 
where  their  toils  will  be  amply  rewarded.  Let  those, 
who  are  willing  to  cultivate  the  arts  of  civilization,  be 
formed  into  a  colony,  consisting  of  distinct  tribes  or  com- 
munities, but  placed  contiguous  to  each  other,  and  con- 
nected by  general  laws  which  shall  reach  the  whole.  Let 
the  lands  be  apportioned  among  families  and  individuals 
in  severalty,  to  be  held  by  the  same  tenures  by  which  we 
hold  ours;  with,  perhaps,  some  temporary  and  wholesome 
restraints  on  the  power  of  alienation.  Assist  them  in  form- 
ing and  administering  a  code  of  laws  adapted  to  a  state  of 
civilization.*  Let  the  ten  thousand  dollars  appropriation 
be  applied,  within  the  new  colony  exclusively,  to  the  same 
objects  for  which  it  is  now  expended ;  and  add  to  it,  from 
time  to  time,  so  much  of  our  other  annual  contribution,  as 
can  be  thus  applied,  without  a  violation  of  the  public 
faith."  As  to  those  Indians  who  refused  to  remove,  the  Se- 
cretary of  War  proposed,  that  portions  of  land  occupied  by 
them,  and  sufficient  for  them,  should  be  set  apart  for  their 
sole  use ;  but  that  they  should  be  subject  to  the  municipal 
laws  of  the  State  in  which  they  resided. 

The  question  of  a  just  and  proper  treatment  of  the  In- 
dian tribes  in  the  United  States ;  touching  their  occupancy 
and  claims  of  large  tracts  of  land,  of  which  they  made  no 
use,  except  that  of  hunting,  their  frequent  wars  among 
themselves,  and  their  liability  to  frauds  or  oppression  from 
individuals — had  often  been  presented  to  the  federal  rulers, 
and  been  the  cause  of  much  anxiety  and  difficulty.     In 

*  A  similar  system  was  adopted,  as  to  several  tribes  of  Indians,  in  Massa- 
chusetts, at  an  early  period;  and  was  productive  of  good  effects  for  some 
years;  but  the  influence  was  not  extensive  nor  lasting.  The  experiment 
served  to  confirm  the  opinion,  which  now  generally  prevails,  that  they  cannot 
be  civilized.     They  prefer  a  wandering,  hunting,  unsettled  manner  of  life. 


1828]  ADAMS.  363 

some  parts  of  the  United  States,  they  claimed  immense 
territories,  which  lay  waste  and  without  inhabitants,  ex- 
cept that  the  hunter  occasionally  traversed  them,  or  por- 
tions of  them,  in  seeking  for  game.*  It  was  therefore  de- 
sirable to  purchase  these  lands,  for  future  settlement  by 
citizens  of  the  Union.  And  this  was  effected,  to  a  great 
extent,  on  principles  of  fair  and  just  contract.  But  as  many 
of  the  tribes  chose  not  to  relinquish  their  lands,  another 
difficulty  arose,  not  so  easily  settled  or  removed.  The 
State  government,  where  they  remained,  claimed  the  juris- 
diction and  sovereignty  of  all  persons  within  its  limits; 
while  the  Indians  refused  obedience,  in  many  instances, 
except  to  their  own  laws  and  customs.  As  an  abstract 
question,  the  claims  of  the  State  governments  seem  well 
grounded ;  but  in  many  cases,  their  treatment  of  the  abo- 
riginal inhabitants  were  improper  and  severe;  and  the 
measures  adopted,  in  governing  them,  equally  unwise  and 
unjust.f 

*  Their  perfect  and  exclusive  right  to  lands,  used  only  for  hunting,  has  al- 
ways been  denied  or  doubted,  in  so  far  as  that  the  consent  of  the  government 
has  been  deemed  necessary  to  render  the  title  valid  by  law,  when  an  individ- 
ual purchased  their  land.  The  tribes  have  not  been  allowed  to  sell  their  lands, 
in  any  State  or  colony,  to  individuals,  without  the  sanction  of  the  legislature. 
One  reason  for  this  was,  indeed,  to  prevent  all  fraud  or  injustice  towards  the 
Indians;  but  on  the  consideration,  also,  that  the  grants  of  large  tracts  or  terri- 
tories from  the  princes  of  Europe,  gave  only  a  pre-emptive  claim,  and  that  the 
government  of  each  colony  had  the  jurisdiction  and  sovereignty  within  its  ter- 
ritory or  patent. 

f  The  number  of  Indians  within  the  United  States,  at  this  time,  was  supposed 
to  be  upwards  of  303,000.  In  the  State  of  Georgia,  5,000, — in  Alabama, 
19,000, — in  Mississippi,  23,000, — in  Missouri,  5,000,— in  Michigan,  9,000,— 
in  Illinois,  5,000, — in  Arkansas,  7,000, — 94,000  east  of  Rocky  Mountains, — 
20,000  east  of  Mississippi  river,  and  north  of  Illinois,  &c. 


FEDERAL  GOVERNMENT.  [1829 


CHAPTER   XIII. 

Andrew  Jackson  elected  President.  His  character  as  a  Statesman.  His  Po- 
litical Views.  Promises  Economy  and  Reform.  Surrounded  by  flatterers, 
and  under  the  influence  of  selfish  Individuals.  His  professions  of  Impar- 
tiality, not  fulfilled.  Partial  in  his  Appointments.  Disposed  to  exercise  too 
great  Authority,  under  the  plea  of  the  Public  Good,  or  of  Executive  Pre- 
rogative. His  purpose  to  pay  off"  Public  Debt;  and  to  pursue  the  Plan  of  his 
Predecessors.  This  system  commended  by  President  Monroe,  and  pursued 
by  Mr.  Adams.  The  Finances  in  a  prosperous  state  when  General  Jackson 
was  elected  President.  The  pretence  of  extravagant  Expenses  by  President 
Adams  not  well  founded.  Prejudices  against  Banks.  Opposition  to  Bank 
of  United  States.     Opposed  to  Internal  Improvements. 

Andrew  Jackson,  of  Tennessee,  succeeded  Mr.  Adams, 
as  President  of  the  United  States,  on  the  fourth  of  March, 
1829.  He  was  a  candidate  for  that  high  office,  four  years 
before,  when  Mr.  Adams  was  chosen  by  the  Representa- 
tives, on  whom  the  election  devolved  in  1825,  as  there 
was  no  choice  by  the  electoral  colleges  in  the  States.  The 
political  friends  of  General  Jackson  had  not  ceased  in  their 
efforts,  from  that  time,  to  secure  his  election.  He  had  some 
time  held  a  high  judicial  office  in  Tennessee ;  and  was 
also  several  years  a  member  of  the  Senate  of  the  United 
States ;  but  he  was  most  distinguished  for  military  prowess. 
He  was  alike  brave  and  intelligent,  as  a  military  com- 
mander ;  but  was  sometimes  accused  of  rash  and  arbitrary 
conduct.  He  rendered  the  nation  eminent  service  in  de- 
fending New  Orleans,  when  attacked  by  a  large  British 
army  in  December,  1814,  and  January  following.  When 
afterwards,  he  was  governor  of  the  territory  of  Florida,  he 
conducted  with  much  decision  and  energy;  but  was  charged 
with  some  arbitrary  acts,  which  could  only  be  justified — 
if  justified  at  all — by  the  exigencies  which  occurred  ;  and 
which,  in  his  opinion,  required  prompt  and  summary  judg- 
ment. His  friends  claimed  for  him  many  high  and  honor- 
able qualities;  and  few  doubted  his  regard  for  the  welfare 
and  liberties  of  the  country.  A  great  defect  in  his  char- 
acter was  his  susceptibility  to  flattery  ;  by  which  he  was 
led  to  adopt  measures  not  entirely  consistent  with  political 
magnanimity,  nor  compatible  with  a  due  respect  for  consti- 


1829]  jackson.  365 

tutional  principles,  though  without  intention,  it  might  be, 
to  violate  the  letter  or  spirit  of  that  sacred  compact. 

President  Jackson  assumed  great  powers,  doubtful  pow- 
ers ;  and  was,  in  some  instances,  arbitrary  in  his  official 
conduct.  For  whenever  a  public  officer  exercises  power  not 
clearly  given  in  the  Constitution,  he  may  be  said  to  act 
arbitrarily.  And  nothing  can  justify  one  in  such  cases, 
except  the  most  evident  and  urgent  necessity,  and  when 
omission  to  act  would  injure  or  endanger  the  public  good  : 
for  some  temporary  evil  had  better  be  endured,  than  great 
constitutional  principles  be  disregarded,  with  the  pretence 
of  removing  it. 

In  a  military  commander,  there  must  be  some  discre- 
tionary power  :  but  even  in  him,  the  power  should  be  ex- 
ercised with  great  caution,  and  is  rarely  justifiable,  if  con- 
trary to  or  exceeding  his  legitimate  authority,  and  the  direc- 
tions given  him  by  the  civil  power.  And  undoubtedly  the 
discretionary  authority  claimed  by  military  officers  are 
often  abused,  or  unnecessarily  exerted.  But  cases  very 
seldom  occur  in  a  republic,  where  the  powers  and  duties 
of  an  officer  of  the  government  are  clearly  defined,  and 
where  laws  are  as  much  a  rule  for  him  as  for  the  people 
generally,  in  which  the  exercise  of  powers,  not  delegated,  is 
necessary  or  justifiable.  If  a  difficult  question  arises,  its 
solution  should  be  left  to  the  legislative  branches  of  the 
government,  to  the  representatives  of  the  people,  and  not 
hastily  decided  by  the  executive  officer  alone.  It  is  suffi- 
cient for  him  to  refer  the  case  to  the  determination  of  Con- 
gress. President  Jackson  in  some  instances  of  his  executive 
conduct  was  considered  arbitrary,  and  as  having  assumed 
responsibility  which  did  not  belong  even  to  his  high  station, 
and  when  an  omission  to  act  could  not  be  justly  charged 
against  him  as  any  dereliction  of  official  duty,  or  as  endan- 
gering the  public  welfare.  It  is  unhappily  the  fact  also, 
that  when  a  man's  passions  and  prejudices  are  enlisted  in 
a  cause,  however  patriotic  his  intentions,  he  is  liable  to 
err,  and  to  exceed  the  authority  given  him  by  his  consti- 
tuents and  the  laws. 

The  assumption  of  power,  not  delegated  to  a  public 
agent,  is  always  dangerous  :  and  it  is  a  poor  apology,  in 
such  a  case,  that  the  public  good  seemed  to  require  it,  or 
that  he  is  only  carrying  out  the  wishes  of  the  people.  For 
what  are  the  opinions  and  wishes  of  the  majority,  in  a  re- 
public or  democracy,  where  the  people  are  liable  to  great 
and  sudden  excitement,  and  to  erroneous  opinions,  from 
the  intrigues  and  clamors  of  a  few  selfish  men,  cannot  be 


366  FEDERAL  GOVERNMENT.  [1829 

correctly  known  by  one  surrounded  by  a  political  party : 
and  in  acting  from  such  considerations  and  representations, 
the  measures  adopted  may  be  very  improper  and  highly 
dangerous.  But,  in  conforming  to  the  constitution  and  the 
laws,  there  is  no  danger;  certainly,  there  is  no  error  in  the 
officer  or  magistrate.  Republics  have  thus  often  been  de- 
stroyed, and  have  degenerated  into  arbitrary  governments 
and  absolute  monarchies.  If  the  constitution  and  the  laws 
are  not  a  rule,  and  of  binding  force,  with  men  in  power, 
there  are  no  barriers  against  despotism ;  there  is  no  security 
for  liberty  and  equal  rights. 

Of  the  subjects  long  under  discussion  and  negotiation 
with  foreign  nations,  the  most  important,  left  unsettled  by 
President  Adams,  were  that  of  the  commercial  intercourse 
with  great  Britain,  and  that  of  demands  on  France  for  in- 
demnity, on  account  of  depredations  on  the  commerce  and 
navigation  of  the  United  States,  during  the  revolutionary 
period  of  the  French  nation.  Efforts  had  been  making,  for 
more  than  ten  years,  to  obtain  compensation  for  these 
losses,  but  the  subject  had  not  been  finally  and  satisfac- 
torily settled.  And  the  restrictions,  imposed  by  the  British 
government,  on  the  trade  between  that  country,  especially 
its  colonial  ports,  and  the  United  States,  had  not  been  re- 
moved. 

In  July,  1825,  the  former  colonial  policy  was  somewhat 
changed  by  the  British  administration ;  and  efforts  were 
made  for  supplying  the  West  India  islands,  which  had  re- 
ceived various  articles  from  the  United  States,  from  their 
possessions  on  the  continent  of  America,  from  Canada, 
Nova  Scotia,  and  New  Brunswick.  Trade  was  opened  to 
and  with  all  other  nations,  to  which  colonies  belonged  ;  so 
that  the  United  States  was  excluded  from  the  benefits 
which  the  nations  of  Europe  might  secure.  There  was 
another  difficulty  attending  the  subject.  While  the  federal 
administration  was  considering  in  what  way  the  United 
States  could  best  avail  itself  of  this  measure  of  the  British 
government,  the  latter,  in  July,  1826,  passed  an  order  ex- 
cluding the  vessels  of  the  United  States  from  their  colonial 
ports.  And  in  this  state,  the  commercial  relations  of  the 
two  countries  remained  when  President  Adams  retired  from 
office.* 


*  Mr.  Gallatin,  envoy  at  the  court  of  London,  returned  in  1827;  and  no 
other  minister  was  appointed  by  Mr.  Adams.  In  1829,  President  Jackson 
appointed  Mr.  McLane,  of  Delaware,  to  the  British  court;  Mr.  Rives,  of  Vir- 
ginia, to  the  court  of  France;  and  Mr.  Van  Ness,  of  Vermont,  to  Spain. 


1829]  jackson.  367 

In  his  inaugural  address,  President  Jackson  expressed 
sentiments  and  views  generally  acceptable  to  the  people 
through  the  Union  ;  and  it  was  predicted  that  his  admin- 
istration would  be  propitious  to  the  welfare  and  honor  of 
the  nation.  He  had  always  professed  a  high  regard  for  his 
predecessors,  and  particularly  of  Mr.  Adams,  for  his  ability 
and  patriotism,  as  well  as  for  his  great  political  experience 
and  knowledge  :  and  he  had  previously  expressed  opinions, 
which  indicated  a  superiority  to  party  feelings,  and  which 
authorized  the  belief  of  impartiality  and  magnanimity  in 
his  appointments  to  office  ;  but  a  different  spirit  was  early 
displayed,  showing  a  purpose  to  place  none  in  power  but 
his  devoted  political  supporters  ;  a  weakness,  subjecting  him 
to  the  influence  of  the  selfish  and  intriguing. 

The  message  of  President  Jackson,  in  December,   1829, 
served  further  to  express  his  views  on  political  subjects,  and 
on  the  policy  most  conducive  to  the  welfare  and  prosperity 
of  the  country.     In  referring  to  the  condition  and  prospects 
of  the  United  States,  as  a  great  republic,  he  rendered  high 
praise  to  the  ability  and  services  of  his  predecessors.     "  Our 
mutual   gratulations,  and  our  devout  thanks  to  a  benign 
Providence  are  called  for,  as  we  are  at  peace  with  all  man- 
kind, and  our  country  exhibits  the  most  cheering  evidence 
of  general  welfare  and  progressive  improvement."     Speak- 
ing of  the  relations  of  the  United  States  with  Great  Britain, 
France,  and  Spain,  with  the  governments  of  which  nego- 
tiations had   been  several   years  maintained  for  deciding 
questions  of  commerce,  claims,  and  boundaries,  he  expressed 
his  belief  that  no  hostile  feelings  or  views  existed,  although 
full  justice  had  not  been  done  to  this  country,  and  there  was 
a  want  of  that  spirit  of  magnanimity,  in  some  cases,  which 
had  been  expected ;  and  that  there  was  reason  to  hope  for 
an  amicable  termination  of  all  questions  which  had  before 
been  unsettled.     These  principally  related  to  the  colonial 
trade  and  boundaries  with  Great  Britain;  to  demands  for 
spoliations  with  France ;  and  to  claims  on  Spain  for  depre- 
dations, as  well  as  to  the  formation  of  a  commercial  treaty. 
Congress  were  informed  that  these  subjects  had  received 
the  anxious  attention  of  the  executive,  but  that  the  issue 
was  not  known,  as  the  ministers  employed  for  the  purpose, 
had  not  yet  time  to  come  to  any  definitive  results. 

It  had,  for  some  time,  been  the  policy  of  the  federal  gov- 
ernment to 'keep  an  adequate  naval  force  in  the  Mediterra- 
nean, to  deter  the  Barbary  powers  from  committing  depre- 
dations on  American  citizens  and  their  property.  And  it 
had  the  effect  of  producing  a  friendly  conduct  in  those  pow- 


368  FEDERAL  GOVERNMENT.  [1829 

ers  towards  the  United  States ;  whatever  might  be  their 
disposition  to  injure  its  commerce,  had  there  been  no  means 
to  protect  it.  By  employing  several  ships  of  war  in  the  Pa- 
cific ocean,  protection  had  also  been  afforded  to  American 
vessels  engaged  in  the  whale  fishery  in  that  sea.  The 
President  bore  testimony  to  the  wisdom  and  benefits  of 
these  measures.  He  complained  of  the  conduct  of  the 
Mexican  government ;  which,  if  not  absolutely  hostile, 
could  not  be  justly  considered  so  amicable  as  had  been  ex- 
pected from  that  republic,  professing  so  great  regard  for  the 
character,  and  so  strong  a  desire  for  friendly  relations  with 
the  United  States.  That  government  had  refused  to  ratify 
a  treaty,  a  short  time  previously  prepared  by  ministers  of 
both  republics  :  and  for  the  confirmation  of  which  the  fed- 
eral administration  was  very  desirous,  as  its  provisions  were 
deemed  favorable  to  the  United  States.  The  minister  from 
the  United  States  had  also  been  an  object  of  jealousy  and 
unfriendly  treatment  by  the  Mexican  court,  without  any 
reasonable  cause,  and  his  recall  strongly  urged  upon  the 
President.  He  therefore  returned,  by  order  of  President 
Jackson,  in  1829  ;  a  proper  measure,  when  thus  requested, 
whether  he  were  justly  or  unjustly  charged  with  miscon- 
duct in  his  official  capacity.  The  President,  however,  ex- 
pressed his  entire  satisfaction  with  the  conduct  of  that 
minister  on  the  occasion.* 

A  treaty  with  the  Emperor  of  Brazil  was  concluded  and 
signed,  in  December,  1828;  and  was  ratified  by  the  Presi- 
dent and  Senate  the  ISth  of  March,  1829.  This  was  a 
general  convention  of  peace,  friendship,  commerce,  and 
navigation.  The  minister  of  the  United  States,  who  signed 
the  treaty,  was  appointed  by  President  Adams,  sometime 
before ;  for  it  had  long  been  an  object  with  the  federal  gov- 
ernment to  maintain  friendly  relations  with  the  Brazillian 
Emperor,  and  to  form  a  treaty  similar  to  those  with  Euro- 
pean powers.  The  terms  of  the  convention  were  deemed 
favorable  to  the  United  States,  as  the  territory  of  Brazil 
afforded  a  market  for  bread  stuffs  and  other  products  of  the 
nation.  And  many  articles  were  imported  from  the  prov- 
inces of  Brazil  which  were  needed  by  the  people  of  the 
United  States.  These  were  to  enjoy  the  privileges  of  the 
most  favored  nation,  except  that  of  Portugal,  which  was 
the  parent  State  of  Brazil,  and  whose  Emperor  was  of  the 
royal  house  of  Braganza. 

*  Joel  R.  Poinsett  was  at  that  time  minister  from  the  United  States  to 
Mexico.  The  principal  objection  to  his  conduct,  by  the  Mexican  government, 
was  alleged  interference  with  the  society  of  free-masons. 


1829]  Jackson.  369 

Great  changes  were  made  by  President  Jackson,  soon 
after  he  came  into  power,  in  the  public  agents  and  officers 
of  government,  of  all  classes  and  grades :  in  the  cabinet, 
in  the  department  of  diplomacy,  and  in  all  subordinate 
stations.  It  was  expected  that  the  members  of  the  cabinet 
would  be  selected  from  among  his  political  and  personal 
friends  ;  and  that  snch  also  would,  in  most  instances,  be  ap- 
pointed to  office,  where  there  were  then  vacancies,  or  as  they 
should  occasionally  occur.  But  in  a  great  number  of  cases, 
within  one  year,  removals  from  office  were  made  solely  on 
account  of  political  opinions,  or  to  reward  the  devoted 
friends  of  the  President.  Among  others,  William  H.  Har- 
rison, then  minister  to  the  republic  of  Columbia,  by  appoint- 
ment of  President  Adams,  a  short  time  before,  was  recalled, 
for  the  purpose  of  giving  office  to  a  personal  friend  of 
the  President,  believed  to  be  inferior  in  talents,  experience, 
and  public  service,  to  that  able  and  faithful  patriot. 

These  numerous  removals  from  office  of  capable  and  up- 
right men,  indicated  a  spirit  of  political  intolerance,  entirely 
unjustifiable,  if  abstractly  considered,  and  inconsistent  with 
the  professed  opinions  of  the  President,  at  a  former  period. 
He  yielded  too  much  to  the  representations  and  solicitations 
of  selfish  individuals,  who  sought  their  own  emolument, 
with  little  regard  to  the  public  welfare.  This  narrow  policy 
was  not,  indeeed,  entirely  new  under  the  Jackson  dynasty. 
Mr.  Jefferson  introduced  it  when  he  was  chief  magistrate 
of  the  Union.  Not,  indeed,  to  the  extent  in  which  it  was 
practised  by  President  Jackson  ;  but  the  principle  was  the 
same.  And  it  was  surprising  in  Mr.  Jefferson,  who  pos- 
sessed enlarged  and  philosophical  views,  and  who  admitted, 
that,  with  some  differences  of  political  opinions,  "  the  citi- 
zens were  all  "  fedei^alists  and  all  were  republicans."  In 
some  of  the  States  also,  at  a  period  subsequent  to  the  pres- 
idency of  Mr.  Jefferson,  the  governors  imitated  this  intol- 
erant and  persecuting  spirit ;  and  many  faithful  and  capable 
public  officers  were  deprived  of  their  places,  merely  because 
they  did  not  belong  to  the  dominant  party.  Those  who 
had  acquiesced  in  this  mistaken  policy,  in  the  time  of  Pres- 
ident Jefferson,  and  under  the  governors  of  some  of  the 
States,  or  who  had  refrained  from  expressing  their  disap- 
probation of  it,  were  now  found  to  be  the  loudest  in  their 
complaints,  and  most  ready  to  express  their  reprobation  of 
such  an  abuse  of  power. 

The  President's  views  expressed  in  this  message  to  Con- 
gress, were  truly   republican ;  but  his  political  opponents 
had  cause  to  complain,  that  his  official  conduct  was  not 
47 


370  FEDERAL  GOVERNMENT.  [1829 

always  in  accordance  with  his  professions.  "  There  are, 
perhaps,"  he  said,  "  few  men  who  can,  for  a  great  length 
of  time,  enjoy  office  and  power,  without  being  more  or  less 
under  the  influence  of  feelings  unfavorable  to  the  faithful 
discharge  of  their  public  duties.  Their  integrity  may  be 
proof  against  improper  considerations  immediately  addressed 
to  themselves ;  but  they  are  apt  to  acquire  a  habit  of  look- 
ing with  indifference  upon  the  public  interests,  and  of  tol- 
erating conduct,  from  which  an  unpractised  man  would 
revolt.  Office  is  too  apt  to  be  considered  as  a  species  of 
property  ;  and  government  rather  as  a  means  of  promoting 
individual  interests,  than  as  an  instrument  created  solely 
for  the  benefit  of  the  people.  Corruption  in  some,  and  in 
others  a  perversion  of  correct  feelings  and  principles,  divert 
government  from  its  legitimate  ends ;  and  make  it  an  engine 
for  the  support  of  the  few  at  the  expense  of  the  many. — 
The  duties  of  all  public  officers  are,  or  admit  of  being  made 
so  plain  and  simple,  that  men  of  intelligence  may  readily 
qualify  themselves  for  their  performance  :  and  I  cannot  but 
think  that  more  is  lost  by  the  long  continuance  of  men  in 
office,  than  is  generally  to  be  gained  by  their  experience." 
A  recommendation  was  made  by  the  President  to  have  the 
commission  of  most  public  officers  for  the  term  only  of  four 
years,  as  was  before  provided  by  law,  with  respect  to  those 
who  are  receivers  of  the  public  monies.  It  would  have 
been  happy  for  the  government  and  for  the  people,  if  such 
regulation  always  existed;  and  if  it  were  strictly  enforced. 
Many  millions  would  have  been  saved  by  the  nation,  during 
the  administration  of  President  Jackson,  had  the  regulation 
been  faithfully  observed  and  enforced.  In  an  extensive 
country  like  the  United  States,  where  there  is  a  necessity 
for  a  great  number  of  public  agents,  there  will  be  numerous 
defalcations  and  embezzlements,  except  a  strict  and  prompt 
accountability  is  required  and  maintained. 

The  following  paragraphs  from  the  President's  message 
to  Congress  at  this  time,  will  show  the  state  of  the  public 
finances  and  revenue,  and  the  resources  of  the  country,  as 
they  were  apprehended  by  his  mind ;  but  they  were  not 
materially  different  from  the  statement  made  by  his  prede- 
cessor the  year  before. 

"  No  considerable  change  has  occurred,  during  the  recess 
of  Congress,  in  the  condition  of  either  our  agriculture,  com- 
merce, or  manufactures.  The  operation  of  the  tariff  has 
not  proved  so  injurious  to  the  two  former,  nor  so  beneficial 
to  the  latter,  as  was  anticipated.  Importations  of  foreign 
goods  have  not  been  sensibly  diminished ;  while  domestic 


1829]  jackson.  371 

competition,  under  an  illusive  excitement,  has  increased  the 
production  much  beyond  the  demand  for  home  consump- 
tion. The  consequences  have  been  low  prices,  temporary- 
embarrassment,  and  partial  loss.  That  such  of  our  manu- 
facturing establishments  as  are  based  upon  capital,  and  are 
prudently  managed,  will  survive  the  shock,  and  be  ulti- 
mately profitable,  there  is  no  reason  to  doubt. 

"  To  regulate  its  conduct  so  as  to  promote  equally  the 
prosperity  of  these  three  cardinal  interests,  is  one  of  the 
most  difficult  tasks  of  government ;  and  it  may  be  regretted, 
that  the  complicated  restrictions  which  now  embarrass  the 
intercourse  of  nations,  could  not.  by  common  consent,  be 
abolished  ;  and  commerce  be  allowed  to  flow  in  those  chan- 
nels to  which  individual  enterprise,  always  its  surest  guide, 
might  direct  it.  But  we  must  ever  expect  selfish  legislation 
in  other  nations ;  and  are  therefore  compelled  to  adapt  our 
own  to  their  regulations,  in  the  manner  best  calculated  to 
avoid  serious  injury,  and  to  harmonize  the  conflicting  in- 
terests of  our  agriculture,  our  commerce,  and  our  manufac- 
tures. With  these  impressions,  the  attention  of  Congress  is 
invited  to  the  existing  tariff,  in  the  belief  that  some  of  its 
provisions  require  modification. 

"  The  general  rule  to  be  applied,  in  graduating  the  duties 
upon  articles  of  foreign  growth  or  manufacture,  is  that 
which  will  place  our  own  in  fair  competition  with  those  of 
other  countries ;  and  the  inducements  to  advance  even  a 
step  beyond  this  point,  are  controlling  in  regard  to  those 
articles  which  are  of  primary  necessity  in  time  of  war. 
When  we  reflect  upon  the  difficulty  and  delicacy  of  this 
operation,  it  appears  important  that  it  should  never  be  at- 
tempted but  with  the  utmost  caution.  Frequent  legislation, 
with  regard  to  any  branch  of  industry,  affecting  its  value, 
and  by  which  its  capital  may  be  transferred  to  new  chan- 
nels, must  always  be  productive  of  hazardous  speculation 
and  loss. 

"  In  deliberating  therefore,  on  these  interesting  subjects, 
local  feelings  and  prejudices  should  be  merged  in  the  patri- 
otic determination  to  promote  the  great  interests  of  the 
whole.  All  attempts  to  connect  them  with  the  party  con- 
flicts of  the  day,  must  prove  injurious,  and  ought  to  be  dis- 
countenanced. Our  action  on  these  subjects  should  be 
under  the  control  of  higher  and  purer  motives.  Legislation, 
subject  to  such  influences,  can  never  be  just ;  and  will  not 
long  retain  the  sanction  of  the  people,  whose  active  pa- 
triotism is  not  bounded  by  sectional  limits,  nor  insensible  to 
that  spirit  of  concession  and  forbearance,  which  gave  life  to 


372  FEDERAL  GOVERNMENT.  [1S29 

our  political  compact,  and  still  sustains  it.  Discarding  all 
calculations  of  political  ascendency,  the  North,  the  South, 
the  East,  and  the  West,  should  unite  in  diminishing  any 
burthen,  of  which  either  may  justly  complain. 

"  The  agricultural  interests  of  our  country  are  so  essen- 
tially connected  with  every  other,  and  so  superior  in  im- 
portance to  them  all,  that  it  is  scarcely  necessary  to  invite 
your  particular  attention  to  it.  It  is  principally  as  manu- 
factures and  commerce  tend  to  increase  the  value  of  agri- 
cultural productions,  and  to  extend  their  application  to  the 
wants  and  comforts  of  society,  that  they  deserve  the  foster- 
ing care  of  government." 

The  views  of  President  Jackson  here  expressed,  do  not 
differ  materially  from  those  of  his  predecessors  on  these 
subjects.  But  while  all  concurred  in  attaching  importance 
to  agriculture,  and  in  recommending  its  interests  to  the  fos- 
tering care  of  Congress,  there  was  very  little  direct  legisla- 
tion for  securing  the  prosperity,  and  improving  the  condition 
of  that  great  branch  of  national  wealth.  The  natural  and 
common  doctrine  of  leaving  each  department  of  industry 
and  enterprise  to  take  care  of  itself,  as  inclination  and  profit 
dictate,  seems  to  have  been  adopted  with  respect  to  agricul- 
tural pursuits;  while  particular  laws  have  been  passed,  at 
various  periods  of  the  government,  for  the  protection  of 
commerce  and  manufactures.  Commerce  has  received  the 
favor  of  government  indeed,  for  its  great  contributions  to 
the  public  revenue  ;  and  it  would  be  most  unwise  and  un- 
just, to  withhold  from  it  the  protection  it  receives.  In  a 
young  and  growing  country  like  the  United  States,  it  would 
have  been  impolitic  also,  to  refuse  all  encouragement  to 
manufactures.  The  principal  objection  to  the  tariff  of  1824 
and  of  1828,  was  that  too  much  encouragement  was  given 
to  manufacturers,  and  that  they  received  a  degree  of  public 
patronage  far  exceeding  that  granted  to  any  other  class  of 
citizens.  With  an  enlightened  politician,  the  great  questions 
would  be,  What  measure  of  protection  can  impartially  and 
justly  be  granted  to  any  particular  branch  of  industry? 
And  how  will  such  patronage  aifect  the  revenue  and  the 
finances  of  the  government  ?  President  Jackson  was  cen- 
sured by  a  portion  of  the  community,  as  an  enemy  to  do- 
mestic manufactures,  because  he  doubted  the  policy  of  the 
tariff  of  1828,  and  recommended  a  revision  of  it,  as  it  was 
unequal  and  oppressive  in  its  operation  in  some  parts  of 
the  Union.  But  he  did  not  disapprove  of  the  policy  of  af- 
fording a  reasonable  encouragement  to  domestic  industry  ; 
nor  did  he,  in  his  public  communications  to  Congress,  differ 


1829]  Jackson.  373 

essentially  from  the  opinions  expressed  by  his  immediate 
predecessor,  on  the  subject,  particularly  in  his  last  annual 
message  to  the  national  legislature. 

The  question  of  granting  special  encouragement  to  man- 
ufactures in  the  United  States,  at  this  period,  and  for  some 
years  previously,  was  one  of  great  excitement  throughout 
the  Union.  The  manufacturers  solicited  and  demanded  a 
greater  measure  of  aid  from  the  government,  than  was 
deemed  proper  by  many  to  afford.  The  protection  first 
granted  in  1816,  met  with  very  general  approbation.  But 
the  law  of  1824,  which  imposed  higher  duties  on  cotton  and 
woollen  goods,  expressly  for  the  benefit  of  manufactures, 
even  at  the  hazard  of  a  great  diminution  of  the  revenue; 
and  that  of  1828,  raising  the  duties  still  higher  in  some 
cases;  were  opposed  by  a  large  portion  of  the  people, 
through  the  United  States;  and  in  some  States  was  de- 
nounced as  unjust  and  even  unconstitutional.  The  more 
intelligent  and  experienced  statesmen  were  in  favor  of  the 
patronage  of  the  general  government  towards  manufacturers, 
so  far  as  might  be  effected  by  regulations  operating  equally 
in  all  sections  of  the  country ;  as  should  not  bring  any  det- 
riment to  commerce  and  navigation;  and  as  should  not  in- 
duce too  great  a  part  of  the  people  to  neglect  agriculture, 
and  engage  in  manufactures,  from  the  expectation  of  enjoy- 
ing the  peculiar  favor  and  patronage  of  government. 

A  strong  desire  was  expressed  by  the  President  for  effect- 
ing the  payment  of  the  national  debt  with  all  possible 
promptitude.  He  recommended  such  an  annual  payment, 
as  that  the  whole  might  be  extinguished  in  the  term  of 
eight  years.  But  this  was  not  a  new  policy,  nor  a  plan 
peculiar  to  him.  A  system  had  been  established  ten  years 
before,  in  the  presidency  of  Mr.  Monroe,  for  reducing  the 
public  debt  of  the  United  States  in  the  sum  of  ten  millions 
annually.  Mr.  Adams  adopted  the  same  policy ;  and  in 
the  course  of  eight  years  about  one  half  of  the  debt  had 
been  discharged.  Pursuing  a  similar  course,  the  present 
administration  might  justly  be  expected  to  pay  the  whole 
which  remained,  besides  liberal  expenditures  for  all  impor- 
tant, national  purposes. 

Notwithstanding  the  high  duties  imposed  by  the  law  of 
1828,  on  several  kinds  of  imported  goods,  the  revenue  had 
increased  in  1829,  to  a  large  amount :  owing  in  part  how- 
ever, to  extensive  sales  of  the  public  lands.  For  at  this 
period  the  purchasers  of  lands  in  the  west  and  northwest, 
belonging  to  the  United  States,  had  greatly  increased. 
With  these  means,  twelve  millions  of  dollars  were  paid  of 


374  FEDERAL  GOVERNMENT.  [1829 

the  national  debt ;  but  particular  efforts  were  made  by  the 
administration  to  pay  as  large  an  amount  of  it  as  possible. 
The  public  deposites  were  appropriated  for  this  purpose, 
which  caused  considerable  pressure  in  the  monetary  con- 
cerns of  the  country.  "  And  it  was  apprehended,"  the 
President  said  in  his  annual  message  to  Congress,  "  that 
the  sudden  withdrawal  of  so  large  a  sum  from  the  banks, 
in  which  it  was  deposited,  at  a  time  of  unusual  pressure  in 
the  money  market,  might  cause  much  injury  to  the  in- 
terests dependent  on  bank  accommodation.  But  this  evil 
was  wholly  averted  by  an  early  anticipation  of  it  at  the 
treasury  ;  aided  by  the  judicious  arrangements  of  the  officers 
of  the  bank  of  the  United  States.''1* 

The  wise  management  of  the  fiscal  concerns  of  the  gov- 
ernment, under  former  administrations,  was  recognized  by 
President  Jackson,  in  his  public  address  to  the  national 
legislature,  at  this  time.  "  The  state  of  the  finances,  ex- 
hibits the  resources  of  the  nation,  in  an  aspect  highly  flat- 
tering to  its  industry,  and  indicative  of  the  ability  of  gov- 
ernment, in  a  short  period,  to  extinguish  the  public  debt. 
When  this  shall  be  done,  our  population  will  be  relieved 
from  a  considerable  portion  of  its  present  burthens ;  and 
will  find,  not  only  new  motives  to  patriotic  affection,  but 
additional  means  for  the  display  of  individual  enterprize. 
The  fiscal  powers  of  the  several  States  will  also  be  in- 
creased, and  may  be  more  extensively  exerted  in  favor  of 
education  and  other  public  objects ;  while  ample  means 
will  remain  in  the  federal  government  to  promote  the  gen- 
eral weal,  in  all  the  modes  permitted  to  its  authority." 

The  attention  of  Congress  was  at  this  time  called,  by  the 
President,  to  the  consideration  of  the  disposal  of  the  surplus 
revenue,  after  the  extinguishment  of  the  national  debt, 
which  would  probably  be  in  eight  years.  ■  He  deemed  it 
prudent  to  prepare  for  such  distribution  before  that  event 
occurred.  And  one  great  inducement  with  him  to  recom- 
mend the  distribution  of  the  surplus  revenue,  on  the  pay- 
ment of  the  public  debt,  was,  that  it  would  be  more  proper 
for  the  individual  States  to  make  appropriations  according 
to  their  own  views,  than  for  the  general  government.  For, 
like  some  of  his  predecessors,  he  had  doubts  of  the  consti- 
tutional authority  of  Congress  to  expend  the  funds  of  the 
nation  for  internal  improvements. 

*  At  this  period,  it  appears  that  the  President  had  a  favorable  opinion  of  the 
bank  of  the  United  States.  The  government  then  held  stock  in  that  bank,  to 
the  amount  of  seven  millions  of  dollars. 


1S29]  Jackson.,  375 

In  this  first  message  of  President  Jackson  to  Congress, 
giving  his  views  of  the  fiscal  concerns  of  the  government, 
he  refers  to  the  various  instances  of  default  in  disbursing 
officers  for  several  years  preceding;  and  invites  the  con- 
sideration of  the  federal  legislature  to  the  subject,  with  a 
view  to  their  providing  more  effectual  preventives  of 
similar  evils  in  future.  Similar  suggestions  had  been  made 
to  Congress  by  President  Monroe,  and  President  Adams ; 
by  whose  recommendations  laws  were  passed  more  care- 
fully to  guard  the  public  money  in  the  hands  of  receiving 
agents,  by  requiring  frequent  statements  from  them,  and 
prompt  settlement  of  accounts  at  short  periods,  fines,  and 
removals  from  office.  But  all  these  guards  proved  inef- 
fectual, and  the  losses  sustained  by  the  government  still 
occurred  every  year  to  a  large  amount.  The  laws  ap- 
peared to  be  sufficient,  on  this  subject ;  and  the  frequency 
of  these  defalcations  were  probably  owing,  in  part,  to  the 
want  of  energy  and  fidelity  in  the  higher  officers  of  gov- 
ernment, whose  duty  it  was  to  examine  into  the  conduct 
of  subordinate  agents,  who  were  receivers  of  the  public 
money;  and  to  punish  or  promptly  remove  the  delinquents, 
and  to  exact  pay  of  their  bondsmen. 

President  Jackson's  views  and  professions  on  this  subject 
were  correct  and  proper ;  but,  from  a  want  of  due  care  in 
some  of  the  principal  officers  in  the  executive  department, 
during  his  administration,  defaulters  were  more  numer- 
ous than  they  had  been  at  any  former  period.  The  delin- 
quents were  kept  in  office,  in  many  cases,  long  after  their 
defaults  were  manifest,  either  from  a  desire  not  to  make 
those  enemies  to  the  administration  who  had  been  its 
friends  and  supporters ;  or  from  too  great  lenity  in  the  su- 
perior officers  whose  duty  it  was  to  bring  the  defaulters  to 
just  punishment.  The  President  recommended  a  discharge 
or  a  remission  of  the  debt  from  public  agents  who  were 
delinquents  unconvicted  of  fraud.  His  motives  might  have 
been  generous  and  humane ;  but  in  all  financial  concerns 
of  a  public  nature,  the  careless  and  extravagant  agent  of 
government,  should  be  held  to  a  strict  accountability.  His 
motives  cannot  be  known.  Nothing  but  evident  accident, 
entirely  beyond  his  control,  should  be  an  apology  sufficient 
to  save  him  from  public  punishment.  The  experience  of 
many  centuries,  in  the  nations  of  Europe,  fully  proves  the 
necessity  of  severity  or  strictness  towards  all  who  are  em- 
ployed in  receiving  and  disbursing  the  funds  of  govern- 
ment. 

The  President  did  not  omit  to  refer  to  the  condition  of 


376  FEDERAL  GOVERNMENT.  [1830 

the  Indian  tribes  in  the  United  States,  and  especially  to 
those  within  the  limits  of  a  particular  State.  He  was  in 
favor  of  the  plan  of  their  removal,  similar  to  that  proposed 
by  the  Secretary  of  War,  in  the  administration  of  Presi- 
dent Adams.  He  felt  the  difficulty  of  deciding  as  to  the 
proper  and  just  treatment  of  them  by  the  general  govern- 
ment. He  professed  a  desire  for  their  welfare,  for  the  sup- 
port of  their  rights,  and  for  their  improvement  in  the  arts 
of  civilized  life:  and  in  these  respects,  did  not  differ  in 
opinion  from  the  former  federal  executives.  But  his  views 
were  different  from  theirs,  as  to  the  authority  of  the  State 
governments  over  them,  within  whose  limits  they  resided. 
His  opinion  of  State  rights  was  such  as  to  lead  him  to  the 
conclusion,  that  the  Indians  must  submit  to  the  jurisdiction 
and  laws  of  the  State  where  they  lived  ;  whereas  the  doc- 
trine of  most  other  statesmen  was  that  they  were  to  enjoy 
their  own  customs  and  regulations,  subject  only  to  the 
government  of  the  United  States ;  thus  excluding  all  author- 
ity in  an  individual  State  to  control  or  interfere  with  them. 
The  States  of  Georgia  and  Alabama,  had  previously  set  up 
a  claim  to  govern  the  Indian  tribes,  within  their  respective 
limits,  in  all  cases :  and  they  also  demanded  of  Congress 
the  removal  of  the  tribes  to  some  distant  territory. 

Former  administrations  had  also  been  desirous  of  their 
removal,  if  they  could  be  persuaded  to  do  so;  but  had  not 
admitted  a  right  in  a  State  to  interfere  with  their  municipal 
concerns,  nor  to  compel  their  submission  to  its  laws.  And 
hence  the  previous  dispute  between  the  State  of  Georgia 
and  the  United  States.  President  Jackson  seems  not  at 
that  time  to  have  been  in  favor  of  any  compulsion  for  their 
removal;  but  was  inclined  to  admit  the  right  of  a  State, 
where  they  were  situated,  to  extend  its  jurisdiction  over 
them.  But  the  measures  adopted  afterwards,  during  his 
administration,  to  induce  their  removal,  were  by  many 
deemed  unjustifiable,  and  was  a  matter  of  great  complaint 
against  him. 

By  an  act  of  Congress  of  May,  1830,  provision  was  made 
for  reviving  and  opening  the  direct  trade  with  the  British 
ports  in  the  West  India  islands  ;  which  had  long  been  pre- 
vented by  the  measures  of  the  British  government.  The 
terms  proposed  in  this  act  of  Congress  were  accepted  by 
the  British  administration,  after  having  put  their  own  con- 
struction on  them ;  which  the  English  minister  said  were 
somewhat  obscure,  and  which  he  interpreted  in  a  manner 
most  favorable  to  his  nation  :  and  the  American  minister 
and  administration,  were  desirous  perhaps  of  having  the 


1830]  jackson.  377 

honor  of  negotiating  successfully  on  the  subject,  which 
for  many  years  could  not  be  favorably  adjusted  by  the 
preceding  administrations.  But  the  British  ministry 
availed  themselves  of  the  obscurity  in  the  act  of  Congress, 
and  thus  derived  great  commercial  advantages  from  it, 
while  the  navigation  of  the  United  States  received  very 
little  benefit  under  its  operation. 

The  ports  in  the  West  Indies  were,  indeed,  opened  to  ves- 
sels of  the  United  States,  with  their  products,  on  terms  of 
reciprocity ;  but  the  same  privilege  was  not  secured  for  the 
trade  with  the  British  colonies  in  the  north  and  northeast  parts 
of  the  United  States.     And  the  consequence  was,  that  the 
British  enjoyed  almost  the  entire  carrying  trade  between 
those  colonies  and  the  ports  of  the  American  States.     The 
trade  with  the  islands  was  not  so  profitable  as  formerly,  and 
gave  much  less  employment  to  American  navigation.     The 
vessels  from  the  British  northern  provinces  and  ports  had 
free  access  to  the  United  States  on  favorable  terms,  which 
the  vessels  of  this  country  did  not  enjoy  in  visiting  those 
colonies.*     On  the  approbation  of  the  act  of  Congress,  by 
the  British  ministry  being  declared,  and  their  consent  to  its 
proposals,  when  construed  as  they  chose,  officially  made 
known  to  the  federal  administration,  the  President  issued  a 
proclamation,  in  October,  1830,  declaring  the  terms  of  the 
act  of  Congress  to  have  been  accepted  by  the  British  gov- 
ernment as  to  the  West  India  ports,  and  therefore  that  the 
ports  of  the  United  States  were  opened  to  British  vessels 
from  those  islands  :  and  declaring  further,  the  admission  of 
British  vessels  from   the  northern  provinces,  but  without 
stating  the  terms  on  which  they  were  to  be  admitted.     This 
course  of  the  administration  was  not  approved  by  the  mer- 
cantile portion  of  the  community  ;  and  was  generally  con- 
sidered to  be  unfavorable  to  the  commercial  prosperity  of 
the  United  States,  as  yielding  too  much  to  the  interests  of 
Great  Britain. 

By  the  statement  of  the  President,  respecting  the  Post 
Office  department,  at  this  time,  it  appeared  to  have  been  con- 
ducted with  great  intelligence  and  fidelity.  "  The  report  of 
the  Post  Master  General,"  he  said,  "was  highly  satisfactory. 
Abuses  had  been  reformed,  its  revenue  improved ;  and  the 

*  The  act  of  Congress  referred  to  the  British  ports  in  the  West  Indies,  and 
stated  the  terms  on  which  the  ports  in  the  United  States  were  to  be  opened 
to  British  vessels  from  those  places.  But  did  not  extend  these  conditions  to 
the  north  and  northeast  provinces  of  Great  Britain.  The  trade  to  and  with  the 
latter  remained  as  formerly  regulated. 

48 


378  FEDERAL  GOVERNMENT.  [1830 

mail  transported  with  increased  expedition. "*  The  admin- 
istration of  this  department  was  attended  with  many  dif- 
ficulties. There  were  constant  requests  for  new  routes  for 
conveying  the  public  mail.  Every  village  in  the  Union, 
however  small,  and  every  new  settlement,  petitioned  for  the 
privilege  of  a  Post  Office  :  and  many  of  them  did  not  afford 
business  sufficient  to  compensate  the  carriers.  But  it  was 
deemed  important,  that  every  facility  should  be  afforded  for 
the  circulation  of  newspapers  and  other  publications,  for 
the  information  of  all  classes  of  the  people.  The  affairs 
of  this  useful  department  were  not  so  skilfully  nor  so  for- 
tunately managed  afterwards;  whether  from  want  of  com- 
petency or  attention  does  not  appear :  but  it  soon  fell  into 
a  state  of  embarrassment ;  and  the  expenses  of  the  depart- 
ment, in  1833,  far  exceeded  its  income. 

As  had  been  done  by  his  predecessor,  the  President  at 
this  time  recommended  a  revision  of  the  judiciary  system, 
for  the  purpose  of  extending  equal  privileges,  resulting  from 
that  department  of  the  government,  to  the  citizens  in  the 
new,  with  those  in  the  original  States.  Several  States  had 
then  been  formed  in  the  Union,  within  twelve  years  ;  but  the 
federal  courts  were  held  less  frequently  and  in  fewer  places, 
in  these  new  States,  compared  to  the  extent  of  territory,  than 
in  the  old  States.  The  subject  had  been  under  consideration 
in  Congress  at  several  previous  sessions ;  but  from  a  diversi- 
ty of  opinion,  as  to  the  number  of  additional  justices,  and 
the  places  of  holding  the  courts,  nothing  had  been  decided. 

The  President  referred  in  this  message  to  the  Bank  of  the 
United  States,  although  its  charter  would  not  expire  for 
more  than  six  years.  He  said,  "  that  both  the  constitution- 
ality and  the  expediency  of  the  bank  were  questioned  by  a 
large  portion  of  the  people  :"  and  also  expressed  his  own 
opinion,  "  that  it  had  failed  in  the  great  end  of  establishing 
a  uniform  and  sound  currency."  He  probably  had  reference 
to  the  people  in  the  interior,  and  not  in  the  States  where 
they  were  concerned  in  commerce  and  navigation  ;  for  the 
merchants  and  others,  in  the  Atlantic  States,  were  generally 
in  favor  of  that  bank;  and  they  also  fully  believed  that  it 
did  much  to  sustain  a  sound  and  uniform  currency  through 
the  Union  ;  which  could  not  be  supported  without  it. 

If  a  similar  monied  institution  were  necessary,  the  Pres- 
ident was  of  opinion,  that  one  wholly  of  a  national  charac- 

*  John  McLean  of  Ohio,  was  then  at  the  head  of  the  Post  Office  depart- 
ment; but  was  soon  after  appointed  a  Justice  of  the  Supreme  Court  of  the 
United  States. 


1830]  jackson.  379 

ter,  under  the  sole  and  exclusive  direction  of  the  federal 
government,  and  founded  on  the  credit  of  the  government, 
would  be  most  proper.  This  was,  in  fact,  the  germ  of  the 
sub-treasury  system  of  a  later  period ;  which  proposes  to 
keep  the  public  monies  in  the  hands  or  under  the  control  of 
the  executive ;  and  to  exclude  the  citizens  from  all  the  ben- 
efits they  enjoyed  by  means  of  the  bank  of  the  United  States, 
and  would,  in  a  great  measure,  remove  the  public  funds  from 
the  power  of  Congress.  In  this  institution,  as  originally  de- 
signed in  1791,  and  then  still  maintained,  the  merchants 
often  found  relief;  and  if  there  were  ever  any  defects 
in  the  management  of  the  bank,  they  were  not  to  be  named 
as  objections  to  its  continuance,  when  compared  to  the  ben- 
efits resulting  to  the  citizens  engaged  in  trade  and  commerce  ; 
and  through  them  to  the  whole  nation,  and  to  the  prosper- 
ous state  of  the  finances  of  the  government  itself. 

This  session  of  the  federal  legislature  continued  for  six 
months ;  and  the  following  laws  were  the  most  important 
which  were  passed  during  that  period — for  the  re-appropri- 
ation of  thirty  thousand  dollars,  for  the  suppression  of  the 
slave  trade,  which  had  been  appropriated  two  years  before, 
but  was  not  expended,  and  which  was  founded  on  an  act 
of  Congress  of  1819 — for  repealing  an  act  imposing  tonnage 
duties  on  vessels,  of  which  the  officers  and  two  thirds  of  the 
seamen  were  citizens  of  the  United  States — for  the  more 
effectual  collection  of  impost  duties,  appointing  eight  ad- 
ditional appraisers  to  examine  goods  imported  ;  but  no  new 
regulations  to  prevent  defaults  in  the  officers  of  the  cus- 
toms— for  the  appointment  of  an  additional  officer  to  be 
attached  to  the  treasury  department,  called  the  solicitor  of 
the  treasury — for  reducing  the  rate  of  duties  on  tea  and 
coffee,  as  recommended  by  the  President  in  his  annual  mes- 
sage ;  also  on  salt  and  molasses,  and  allowing  a  drawback 
on  spirits  exported,  distilled  from  that  article,  which  the 
existing  laws  did  not  permit — for  allowing  a  portion  of  the 
claims  of  Massachusetts  for  services  and  expenses  of  the 
militia  in  1812 — 1814,  in  time  of  war,  and  for  which 
that  State  had  not  been  reimbursed  ;  the  amount  allowed 
being  four  hundred  and  thirty  thousand  dollars,  about  half  the 
sum  claimed — for  the  removal  of  the  Indians  from  lands  occu- 
pied by  them  within  any  State  of  the  Union,  to  a  territory 
west  of  the  river  Mississippi,  and  without  the  limits  of  any 
State,  or  organized  territory,  and  belonging  to  the  United 
States,  by  purchase  or  relinquishment  of  the  Indians,  by 
treaty ;  to  divide  such  western  territory  into  districts,  for 
the  reception  and  permanent  settlement  of  those  who  should 


380  FEDERAL  GOVERNMENT.  [1830 

consent  to  emigrate  from  their  residence  on  the  east  of  that 
river,  they  relinquishing  all  claims  to  lands  they  then  occu- 
pied ;  the  tribes  to  have  the  solemn  assurance  of  govern- 
ment, that  it  will  forever  secure  and  guaranty  to  them  and 
their  posterity,  the  tract  of  country  so  exchanged  with  them 
for  the  lands  they  should  quit  in  Georgia,  Alabama,  and 
any  other  States ;  and  should  they  abandon  the  territory  at 
a  future  time,  the  same  to  revert  to  the  United  States  :  the 
Indians  to  have  the  amount  of  their  improvements  made 
on  the  lands  they  may  leave ;  to  be  aided  in  their  removal, 
and  supported  for  one  year  by  the  federal  government;  to 
be  protected  against  assaults  from  other  tribes  in  the  vi- 
cinity of  their  new  residence ;  and  live  hundred  thousand 
dollars  were  granted  for  these  purposes. 

The  receipts  in  the  public  treasury  for  the  year  1829, 
from  customs,  sale  of  lands,  &c,  amounted  to  the  sum.  of 
twenty-four  millions  eight  hundred  twenty-seven  thousand 
six  hundred  twenty-eight  dollars,  being  a  little  over  those 
for  the  year  1828;  which  were  twenty-four  millions  seven 
hundred  sixty-three  thousand  six  hundred  thirty  dollars ; 
and  in  1830,  it  was  about  twenty  thousand  dollars  greater 
than  in  1829,  and  one  hundred  twenty  thousand  above  the 
amount  in  1828.  The  public  expenditures  for  the  same 
years  amounted,  in  1828,  to  twenty-five  millions  four  hun- 
dred and  fifty-nine  thousand  dollars  ;  in  1829,  to  twenty- 
five  millions  and  forty-five  hundred  dollars ;  in  1830,  to 
twenty-four  millions  six  hundred  thousand  dollars  ;  in  1831, 
to  thirty  millions  and  thirty-eight  thousand  dollars  ;  and  in 
1832,  to  thirty-four  millions  three  hundred  and  fifty-seven 
thousand  dollars* 

During  this  session  of  Congress,  a  highly  interesting  de- 
bate took  place  in  the  Senate,  on  a  resolution  offered  by  one 
of  the  members,  relating  to  the  public  lands,  which  were 
very  extensive,  and  estimated  of  great  value  to  the  nation. 
The  sales  were  so  loosely  managed  as  that  little,  com- 
paratively, was  received  in  the  public  treasury  :  some  was 
sold  to  speculators ;  much  was  nominally  purchased,  but 
payment  not  enforced ;  and  large  tracts,  belonging  to  the 
Union,  within  the  new  States,  were  constantly  granted  to 
those  States  respectively,  for  internal  improvements,  and 
means  of  education  therein.  The  consequence  was,  that 
the  original  States  received  little  advantage  from  these 
lands,  though  they  were  originally  ceded  or  acquired  for 

*  And  the  expenses  of  the  government  were  gradually  increased  for  several 
years,  even  after  the  public  debt  was  paid. 


1830]  jackson.  3S1 

the  benefit  of  the  whole  Union.  There  had  been  already- 
several  systems  proposed  for  regulating  the  sale  and  apply- 
ing the  proceeds  of  them.  Some  of  the  new  States  were  so 
extravagant  as  to  claim  all  the  public  lands  within  their 
limits.  Others  proposed  to  sell  them  immediately;  which 
would  permit  a  few  speculators  to  purchase  the  whole. — 
And  some  were  in  favor  of  selling  low.  and  waiting  a  long 
period  for  the  payment;  with  a  view  to  accomplish  their 
more  speedy  settlement.* 

The  resolution  offered  was  to  abolish  the  office  of  the 
land  commissioner,  and  to  suspend  the  sale  of  public  lands 
for  some  years,  when  they  would  probably  be  of  more 
value.  The  subject  was  justly  interesting  to  all  the  mem- 
bers of  the  Senate ;  for  the  results  of  these  various  plans 
must  be  very  different  to  the  States.  Generally,  the  Sen- 
ators from  the  old,  and  those  from  the  new  States,  enter- 
tained opposite  views  on  the  subject.  And  a  Senator  from 
South  Carolina,  asserted  and  labored  to  prove,  that  the 
eastern  States  especially,  were  disposed  to  retard  the  settle- 
ment of  the  western  parts  of  the  Union,  from  selfish  or 
political  views ;  and  therefore  wished  to  prohibit  the  sale 
of  the  public  lands,  till  some  distant  future  period.  It  was 
intimated  that  the  statesmen  of  the  eastern  part  of  the 
Union,  were  jealous  of  the  growth  of  the  west,  as  it  would 
lessen  their  portion  of  influence  in  the  general  government, 
and  would  also  drain  them  of  much  of  their  population, 
which  would  prove  injurious  to  their  manufacturing  estab- 
lishments. Such  suggestions  were  made  by  members  from 
the  south  as  well  as  from  the  west.  Party  or  political 
views,  perhaps,  had  an  influence  with  some  members  in 
the  views  they  expressed,  and  in  the  charges  they  made 
against  the  eastern  States.  For  strange  opinions  are  ad- 
vanced, and  improper  systems  urged,  not  unfrequently,  for 
party  purposes ;  and  those  who  cherish  such  purposes 
themselves  are  often  ready  to  charge  their  opponents  with 
sinister  views. 

It  had  become  customary,  at  this  period,  to  take  a  wide 
range  in  debate,  and  to  refer,  by  way  of  illustration  or 
otherwise,  to  political  subjects  of  a  general  nature,  which 
divided  the  friends  and  the  opponents  of  the  administration. 
The  Senator  from  South  Carolina  not  only  seized  this  oc- 

*  It  was  stated  at  the  time,  that  lands,  to  the  amount  of  nine  millions  seven 
hundred  and  fifty  thousand  dollars,  had  been  appropriated,  from  1790 to  1829, 
for  surveys,  for  public  roads,  for  academies  and  schools,  and  for  various  works 
of  internal  improvements;  and  almost  exclusively  for  the  benefit  of  the  new 
States. 


382  FEDERAL  GOVERNMENT.  [1830 

casion  to  reproach  the  eastern  States  with  a  design  to  pre- 
vent the  settlement  and  increase  of  the  western  parts  of  the 
Union,  from  sectional  or  political  views;  but  to  plead  for 
the  doctrine  of  State  rights  and  power,  to  a  novel  and 
alarming  extent;  though  it  had  no  necessary  or  immediate 
connection  with  the  question  before  the  Senate;  contending 
that  the  several  States  within  which  the  public  lands  were 
situated,  should  have  the  entire  control  and  jurisdiction 
over  them.  The  real  or  direct  question,  arising  out  of  the 
resolution  before  the  Senate,  was  lightly  touched  by  him; 
while  the  points,  just  mentioned,  were  discussed  at  great 
length,  and  not  without  much  ingenuity  and  eloquence  : 
and  yet,  in  the  opinion  of  many  impartial  men,  with  less 
sound  reasoning  than  plausibility.  His  remarks  were  so 
pointed  and  so  severe  on  the  character  of  the  eastern  States, 
that  the  sensibility  of  the  members  from  that  section  of  the 
Union  was  much  awakened,  and  they  felt  obliged  to  no- 
tice and  to  repel  them.  They  differed  in  some  respects 
from  the  views  of  the  Senator  of  South  Carolina,  and  those 
who  agreed  with  him,  as  to  his  plan  on  the  subject  of  man- 
aging the  public  lands;  and  as  to  his  doctrine  of  State 
rights,  and  his  insinuations  of  hostile  feelings  in  the  people 
of  the  east  towards  those  in  the  west,  they  were  entirely 
at  issue  with  them.  They  believed  that  State  rights,  as 
asserted  and  contended  for  by  him,  would  interfere  with  and 
render  utterly  powerless  the  authority  of  the  federal  gov- 
ernment, which  was  clearly  granted  by  the  Constitution. 
The  legitimate  conclusion  from  the  doctrine  advanced 
would  be,  that  a  single  State  even  might  control  the  gen- 
eral government;  in  other  words,  that  one  State  might 
govern  all  the  others  in  the  Union.  Such  probably  was 
not  the  opinion  of  the  able  Senator,  but  it  evidently  fol- 
lowed from  his  doctrine. 

Mr.  Webster,  who  was  then  a  member  of  the  Senate  from 
Massachusetts,  replied  to  the  Senator  from  South  Carolina, 
with  great  power  and  effect.  His  argument  on  the  powers 
of  the  federal  government,  granted  by  the  Constitution,  as 
being  paramount  in  certain  cases,  to  any  and  all  State  au- 
thority, was  generally  admitted  to  be  sound  and  entirely 
unanswerable.  He  contended  that  on  subjects  fully  com- 
mitted to  the  general  government  by  the  Constitution, 
its  powers  Avere  exclusive  and  unlimited;  that  no  one 
State,  nor  even  a  number  of  States,  might  justly  interfere 
with  its  measures  ;  and  that  the  public  land,  not  particu- 
larly and  expressly  ceded  to  a  State,  or  sold  to  companies 
or  individuals,  was  solely  at  the  disposal  and  under  the 


1830]  JACKSON.  383 

jurisdiction  of  the  United  States  government.  When  he 
was  charged  with  pleading  for  the  consolidation  of  the 
States,  he  replied,  that  he  was  not  disposed  to  derogate 
from  their  authority  in  any  cases  or  on  any  subjects,  ex- 
cept in  so  far  as  the  Constitution  had  given  power  to  the 
general  government — which  was  of  course  paramount  to 
that  of  a  State — that  in  many  respects,  the  States  were  sove- 
reign, and  had  the  entire  control  of  their  own  internal  af- 
fairs, that  he  was  in  favor  of  the  consolidation  of  the  Union — 
which  was  the  design  of  the  framers  of  the  Constitution  of 
the  United  States, — though  not  of  the  States,  in  the  sense 
charged  by  his  opponents.  He  then  showed  that  the  gen- 
eral government  had  the  sole  management  and  disposition 
of  the  public  lands,  which  had  been  ceded  by  different 
States,  for  the  benefit  of  the  whole.  He  did  not  wish,  he  said, 
to  exclude  the  new  States  from  their  just  portion  of  the  pub- 
lic lands,  or  from  an  equal  share  in  the  benefits  to  be  de- 
rived from  the  sales ;  but  contended  that  the  original 
States  had  an  equal,  if  not  a  superior,  right  to  them.  He 
said  he  was  not  averse  to  the  policy  of  retaining  a  large 
part  of  the  lands  for  a  future  revenue,  and  yet  was  in  favor 
of  selling  small  tracts  to  actual  settlers,  and  thus  gradually 
to  fill  up  the  vacant  territory  with  inhabitants. 

The  Senator  from  Massachusetts  referred  to  the  insinua- 
tions which  had  been  made  against  the  politicians  of  the 
New  England  States,  as  if  they  were'  selfish ;  or  were  op- 
posed  to  the   prosperity   and   improvements   of  the  new 
States  in  the  west  and  northwest.     And  here  he  discovered 
some  indignant  feeling,  as  justly  he  might.     The  reproach 
on   the  eastern  States  was  not  just ;  it  was,  indeed,  alike 
unfounded  and  ungenerous.     They  did,  indeed,  contend  for 
the  privileges  of  commerce  and  navigation;  and  it  was  for 
the  protection  of  these  departments  of  business,  in  great  part, 
that  the  federal  government  had  been  instituted.     It  was 
important  also,  that  manufactures,  which  were  more  at- 
tended to  in  the  eastern  and  middle  States  than  in  the  south 
or  west,  should  be  encouraged,  for  the  prosperity  of  the 
whole  nation.     But  it  was  not  therefore  attempted,  nor  de- 
sired, to  depress  the  inhabitants  of  the  west,  in  their  agri- 
cultural enterprises,  nor  to  prevent  the  settlement  of  the 
vast  territory  in  that  section  of  the  Union.     It  was  only 
contended,  that  the  public  lands  should  not  be  wholly  ap- 
propriated for  the  benefit  of  the  settlers  thereon,  or  the  States 
where  they  were  situated ;  but  should  be  sold,  or  so  man- 
aged, as  to  secure  to  the  original  States  their  just  propor- 
tion.    No  particular  law  resulted  from  this  protracted  and 


384  FEDERAL  GOVERNMENT.  [1830 

able  discussion.  The  subject  long  continued  before  Con- 
gress ;  but  so  various  have  been  the  plans  for  the  dispo- 
sition of  the  public  lands,  that  no  one  has  yet  received  the 
sanction  of  the  federal  legislature. 

Other  important  subjects  were  introduced  and  debated  in 
Congress,  at  this  session,  and  occupied  much  time,  but  on 
which  there  was  no  decided  legislative  action.  A  bill  for  re- 
trenchment in  the  public  expenditures  was  repeatedly  dis- 
cussed ;  but  it  was  not  passed  ;  after  all  the  charges  of  ex- 
travagance against  Mr.  Adams's  administration,  it  was  not 
found  that  any  items  of  the  public  expense  could  be  rea- 
sonably dispensed  with.  The  charge  made  in  1828,  of  this 
nature,  was  chiefly  for  party  objects,  or  in  ignorance  ;  and 
the  appropriations  and  expenditures  for  1830,  and  annually 
afterwards,  were  fully  equal  to  those  made  from  1825  to 
1828,  except  that  about  fifty  thousand  dollars  had  been  ex- 
pended in  1826,  '27,  and  '28,  for  various  surveys,  as  au- 
thorized by  laws  of  Congress,  with  a  view  to  public  and 
national  objects — these  were  not  continued  during  President 
Jackson's  administration,  as  he  doubted  the  right  of  the 
federal  government  to  expend  money  for  such  purposes. 

In  his  public  message  to  Congress,  in  December,  1829, 
the  President  recommended  a  revision  of  the  tariff  of  1828  ; 
of  which  the  people  in  some  parts  of  the  Union  complained 
as  excessive  and  unequal.  He  was  in  favor  of  affording 
encouragement  to  domestic  manufactures ;  but  believed,  as 
many  others  did,  that  a  less  duty  than  that  imposed  by  the 
former  law,  would  prove  a  sufficient  protection  for  manu- 
facturing establishments  in  the  United  States.  The  subject 
was  referred  to  a  committee  in  the  House  of  Representa- 
tives, by  whom  a  report  was  made,  that  it  was  inexpedient 
to  make  any  alteration  in  the  law  then  in  force.  This  re- 
port was  accepted  in  the  House,  though  the  minority,  on 
the  question,  was  a  large  one.  The  subject  was  discussed 
in  the  Senate,  where  the  majority  were  disposed  to  have 
the  act  modified ;  but  the  vote  of  the  Representatives,  being 
in  favor  of  its  continuance  unchanged,  nothing  could  be 
legally  effected.  No  doubt  that  considerations  of  local  in- 
terest had  an  influence  in  the  opinions  entertained  ;  the 
manufacturing  establishments  were  not  to  be  found  in  the 
southern  parts  of  the  country.  In  the  eastern  and  some  of 
the  middle  States,  they  were  numerous ;  while  few  had  been 
introduced  in  the  south  or  west.  In  May,  1830,  a  bill  was 
passed  in  both  branches  of  the  national  legislature,  making 
appropriations  for  the  erection  of  lighthouses,  beacons,  &c. 
— for  improving  harbors,  and  for  surveys — which  was  laid 


1830]  Jackson.  385 

before  the  President,  on  the  last  day  of  the  session,  for  his 
approval.  But  he  did  not  give  it  his  signature,  nor  return 
it  to  Congress  with  objections.  And  thus  it  failed  to  be- 
come a  law.  The  President  was  blamed  on  this  account, 
as  being  arbitrary,  or  as  neglecting  his  official  duty.  It 
was  said  by  his  political  friends,  that  he  was  opposed  to 
some  of  the  objects  for  which  the  appropriations  were  made, 
and  had  not  time  for  a  due  consideration  of  the  bill  in  all 
its  parts.  Some  of  the  provisions  related  to  works  of  in- 
ternal improvements,  on  the  constitutionality  of  which  he 
entertained  doubts.*  A  similar  complaint  was  made  re- 
specting his  conduct,  at  a  later  period,  when  he  retained  a 
bill  regulating  the  sale  of  the  public  lands,  which  was  of 
great  importance,  without  signing  it,  and  when  there  was 
sufficient  time  to  have  examined  and  returned  it  for  the 
further  action  of  Congress. 

The  annual  message  of  President  Jackson,  in  December, 
1830,  was  unusually  elaborate.  It  was  full  and  minute,  in 
the  statements  relating  to  the  proceedings  of  the  executive 
department  of  government,  during  the  recess  of  the  legis- 
lature ;  to  diplomatic  occurrences  and  efforts;  and  to  the 
fulfilment  of  various  acts  of  Congress,  assigned  to  the  action 
of  the  President;  with  more  of  reasoning,  to  show  the  cor- 
rectness of  the  conduct  of  the  executive,  than  usual,  or  was 
perhaps  necessary.  For  it  is  the  province  of  the  legislative 
to  examine  the  executive  proceedings,  and  to  judge  of  their 
correctness. 

The  acts  of  the  administration,  during  the  year  1830, 
besides  the  common  and  necessary  duties  occurring  in 
the  various  departments  of  the  government,  Avere  referred 
to  in  the  message,  and  afford  ground  for  an  opinion  of  the 
true  state  and  condition  of  the  United  States,  at  that  period. 
The  commercial  intercourse  with  the  colonial  ports  of  Great 
Britain,  though  nominally  improved,  remained  very  nearly 
on  the  same  footing  it  had  been  for  several  years  previously. 
A  Convention  had,  indeed,  been  formed  and  accepted ;  but 
the  commercial  part  of  the  nation  was  not  satisfied  with  it, 
as  there  was  much  ceded,  to  the  benefit  of  England,  and 
but  very  little  to  the  United  States.  The  restrictions  on 
American  vessels,  visiting  the  colonies  of  Great  Britain, 
were  not  removed.     The  negotiation  had  been  conducted 

*  In  his  next  annual  message,  the  President  stated  his  objections  to  the  bill 
for  a  subscription  to  the  stock  of  the  Louisville  and  Portland  Canal  Company, 
to  be  of  this  character  ;  and  that  he  disapproved  of  the  bill  for  lighthouses,  &c. 
as  their  increase  served  rather  to  confuse  and  mislead  the  navigator  than  to  be 
a  means  of  safety. 

49 


386  FEDERAL  GOVERNMENT.  [1830 

and  concluded  in  a  friendly  manner  by  the  ministers  of  the 
two  governments  ;  and  a  hope  was  expressed  by  the  Presi- 
dent, that  in  due  time  more  favorable  terms  might  be  ob- 
tained, and  a  fair  reciprocity  in  trade,  between  the  ports  of 
both  nations,  be  established.*  The  attempts  made  for  par- 
ticipating in  the  trade  of  the  Black  sea,  had  not  proved  un- 
successful ;  and  by  a  treaty  then  recently  made  with  the 
Sublime  Porte,  similar  privileges  were  granted  to  the 
United  States  as  to  the  most  favored  nations  in  Europe. f 
The  relations  between  the  United  States  and  Russia  were 
of  a  stable  and  satisfactory  character.  A  treaty  had  been 
agreed  on  with  Denmark ;  by  which  six  hundred  and  fifty 
thousand  dollars  were  to  be  paid  to  American  citizens,  as 
an  indemnity  for  spoliations  on  their  commercial  property 
in  1808 — 1811.  Similar  indemnity  was  expected  soon  to  be 
received  from  some  other  European  governments,  on  whom 
claims  had  been  several  years  before  made,  for  like  previous 
depredations.  The  negotiations  with  France  for  a  recogni- 
tion and  allowance  of  claims  on  that  government,  in  con- 
sequence of  depredations  committed  on  American  commerce, 
at  former  periods,  and  to  a  large  amount,  had  been  prosecuted 
with  renewed  zeal,  and  with  a  strong  hope  of  speedy  success ; 
for  a  friendly  spirit  was  manifested  by  the  French  govern- 
ment on  the  subject,  although  some  objections  were  offered, 
as  to  an  allowance  of  all  the  claims ;  the  recent  revolution 
in  France  indicating  a  favorable  result  to  the  negotiation,^ 
as  well  as  a  proper  occasion  for  extending  the  commercial 

*  It  was  more  than  intimated,  in  the  instructions  given  to  Mr.  McLane,  the 
Envoy  to  the  British  court,  in  1830,  that  the  embarrassments  on  the  commer- 
cial intercourse  between  the  two  countries,  especially  with  the  colonial  ports 
of  Great  Britain,  should  be  attributed  to  the  improper  demands  or  the  mistakes 
of  the  preceding  administration  ;  and  that  President  Jackson  and  his  ministers 
were  more  desirous  of  adjusting  the  difficulties  on  this  subject,  and  would  be 
more  ready  to  agree  to  the  terms  proposed  by  the  British  government.  A  sug- 
gestion indicative  of  a  want  of  good  policy  as  well  as  of  true  patriotism.  Pres- 
ident Adams  had  made  every  reasonable  and  proper  effort  for  adjusting  these 
difficulties.  But  the  British  chose  their  own  peculiar  policy,  or  not  treat  at 
all.  No  one  was  more  desirous  of  treating  on  the  subject  of  commercial  inter- 
course with  foreign  nations,  on  terms  of  reciprocity,  than  Mr.  Adams. 

t  The  commissioners  by  whom  this  treaty  was  formed,  had  been  appointed 
by  the  President  in  1829,  without  consent  or  knowledge  of  the  Senate  ;  nor 
was  the  Senate's  consent  asked  at  the  next  following  session.  This  was  a  sin- 
gular proceeding  ;  for  in  all  cases,  a  mission  on  a  new  subject,  had  not  been 
made  by  the  President  without  consulting  the  Senate.  Mr.  Tazewell,  of  Vir- 
ginia, severely  censured  the  President  for  this  act  :  and  opposed  the  bill  for 
allowing  a  salary  to  the  commissioners.  He  said  the  act  was  unconstitutional, 
a  flagrant  derogation  of  the  rights  of  the  Senate  ;  and  ought  not  to  be  passed 
over  by  the  Senate  without  express  condemnation. 

t  Mr.  Rives,  of  Virginia,  was  then  the  minister  of  the  United  States  to 
France  ;  whose  ability  and  attention  the  President  acknowledged  to  be  highly 
satisfactory. 


1830]  JACKSON.  387 

intercourse  between  the  two  countries :  new  efforts  were 
made  for  bringing  the  subject  of  the  boundary  between  the 
United  States,  and  the  British  possessions  adjoining,  to  a 
final  termination,  by  submitting  the  question  to  the  arbitra- 
tion of  a  Prince,  friendly  to  the  two  nations,  and  laying 
before  him  all  the  evidences  in  the  case ;  and  a  hope  was 
confidently  entertained,  that  his  opinion  and  decision  would 
soon  be  known.  The  misunderstanding  with  the  republic 
of  Mexico  promised  to  be  removed,  as  the  jealousies  of  that 
government  towards  the  United  States  had  in  a  great 
measure  been  obviated,  by  the  explanations  which  had  been 
then  recently  offered — measures  had  also  been  adopted  for 
preserving  tranquillity  on  the  borders  of  the  United  States 
and  that  republic.  The  financial  affairs  of  the  government 
continued  in  a  prosperous  condition ;  the  expenditures  being 
less  than  fourteen  millions  of  dollars,  exclusive  of  the 
amount  appropriated  for  paying  the  annual  instalment  of 
the  public  debt,  which  was  eleven  millions ;  and  the  re- 
ceipts into  the  treasury,  exceeding  twenty-four  millions; 
a  large  portion  of  which  accrued  from  the  sales  of  land 
belonging  to  the  United  States. 

In  the  address  of  the  President,  at  this  time,  he  expressed 
his  views  at  some  length  of  the  powers  of  the  federal  and 
State  governments,  and  of  the  importance  of  avoiding  all 
encroachments  of  each  on  the  other.  He  had  given  similar 
opinions  before,  and  they  had  an  influence  in  leading  him 
to  object  to  bills  for  appropriating  the  public  funds  to  most 
works  for  internal  improvements.  For  unless  of  a  mani- 
festly general  and  national  benefit,  they  would  be  unequal, 
and  inevitably  give  occasion  for  complaints  from  some 
parts  of  the  Union.  He  considered  it  of  vital  importance 
"to  the  Union  to  sustain  the  State  sovereignties,  as  far  as 
consistent  with  the  rightful  action  of  the  federal  govern- 
ment, and  of  preserving  the  highest  attainable  harmony 
between  them."  The  opinion  was  again  expressed  of  the 
propriety  of  limiting  the  office  of  President  to  one  term,  and 
that  for  four  or  six  years.  And  the  entire  independence  of 
the  legislative  and  executive  departments  of  the  govern- 
ment, of  each  other,  was  strongly  urged,  as  necessary  to 
the  general  welfare.  But  the  doctrine,  as  it  appeared  to  be 
understood  by  the  President,  was  disapproved  by  a  great 
portion  of  the  people ;  and  it  was  believed  that  the  execu* 
tive  was  but  the  organ  or  agent  of  the  legislature,  in  most 
cases,  designed  to  carry  into  effect  the  laws  enacted  by  the 
Representatives  of  the  people.  In  some  respects,  indeed, 
the  chief  magistrate  is  independent  of  the  other  branches  of 


388  FEDERAL  GOVERNMENT.  [1830 

the  government ;  but  not  to  the  extent  supposed  and  claimed 
by  General  Jackson. 

In  this  message  the  President  again  referred  to  the  con- 
dition of  the  aboriginal  tribes  of  the  country ;  and  gave  his 
unqualified  testimony  to  "  the  benevolent  policy ';  of  the 
federal  government  from  its  origin  towards  these  uncivil- 
ized people.  He  repeated  the  opinion,  which  he  had  before 
given,  in  favor  of  their  removal  to  a  territory  entirely  ex- 
clusive of  the  settlements  of  the  white  population.  It  had 
been  the  desire  of  the  government,  as  he  said,  for  thirty 
years,  to  effect  their  settlement  far  west  of  the  Mississippi, 
and  separate  from  any  State  or  territorial  district  of  the 
United  States ;  but  nothing  like  compulsion  had  been  pre- 
viously used  to  effect  the  object.  This  conduct  was  alike 
humane  and  just  towards  the  native  tribes,  and  favorable 
to  the  settlement  and  peace  of  the  States  where  they  had 
resided.  It  was  justly  a  matter  of  complaint  only  when 
these  tribes  were  absolutely  ordered  to  remove,  and  threat- 
ened with  the  displeasure  of  the  government  if  they  did  not 
speedily  consent  to  depart  from  the  lands  formerly  occupied 
by  their  ancestors.  The  President  avowed  his  friendly 
regards  for  the  native  tribes  of  Indians ;  and  no  one  could 
justly  doubt  the  sincerity  of  his  professions ;  while  his 
winking  at  the  strong  measures  of  some  of  the  southern 
States,  where  they  then  resided,  to  force  them  to  remove, 
subjected  him  to  censure  in  other  parts  of  the  country. 

The  strong  opposition  to  the  high  tariff'  of  duties  on 
many  imported  articles,  which  was  adopted  in  1828,  and 
was  designed  to  encourage  domestic  manufactures,  induced 
the  President  to  refer  again  to  the  subject  on  this  occasion. 
He  expressed  an  opinion  favorable  to  the  protective  policy, 
as  necessary  to  the  prosperity  of  the  United  States :  but 
suggested  the  importance  of  some  modification  in  the  law, 
passed  two  years  before,  to  reconcile  it  to  the  views  of  the 
people  in  the  non-manufacturing  States.  He  was  aware 
of  the  difficulty  of  accomplishing  this  desirable  object. 
His  immediate  predecessor  had  expressed  a  similar  opinion, 
in  1828 ;  and  suggested  some  modification  for  the  purpose 
of  rendering  the  operation  of  the  tariff  of  that  period  more 
equal  and  satisfactory  to  all  classes  of  citizens,  and  to  all 
parts  of  the  Union.  No  act  was  passed,  however,  either  in 
1829,  or  1830,  for  modifying  or  altering  the  law  of  1828. 

President  Jackson,  early  discovered  his  disapprobation 
of  the  Bank  of  the  United  States.  He  had  doubts  of  the 
constitutional  power  of  Congress  to  incorporate  such  a 
company  :  and  he  expressed  an  apprehension  of  its  mis- 


1830]  JACKSON.  389 

management,  by  which  it  was  productive  of  more  evil  than 
of  benefit  both  to  the  government  and  the  people.  He  even 
doubted  the  utility  of  any  banking  institutions  in  the  na- 
tion. Probably  he  had  prejudices  against  them,  as  they 
often  afforded  facilities  to  speculators,  and  served  to  sup- 
port the  credit  system  of  the  country  to  a  mischievous 
extent :  and  from  the  failure  or  suspension  of  specie-pay- 
ments with  many  banks  in  the  western  parts  of  the  Union. 
No  doubt  there  was  some  foundation  for  his  opposition  to 
them :  but  it  was  an  unjust  conclusion,  that  all  such  com- 
panies should  be  prohibited,  because  some  of  them  had 
been  unwisely  administered.  He  had  referred  to  this  sub- 
ject in  a  former  message,  and  fully  expressed  his  views 
unfavorable  to  a  renewal  of  the  charter  of  the  Bank  of 
the  United  States.  But  the  committee  of  the  Senate,  and  of 
the  House  of  Representatives,  to  whom  the  subject  was  re- 
ferred, at  the  preceding  session,  made  a  report  adverse  to 
the  opinion  of  .the  President;  and  in  favor  of  continuing 
the  bank  :  and  they  disapproved  of  the  project  of  a  gov- 
ernment bank.  They  believed  "  the  latter  would  derange 
and  injure  the  currency,  and  what  was  far  worse,  destroy 
the  liberties  of  the  people."  And  as  to  the  constitutionality 
of  the  Bank  of  the  United  States,  they  said,  it  had  repeatedly 
received  the  sanction  of  Congress.  In  repeating  his  opinion, 
at  this  time,  he  suggested  the  plan  of  a  bank,  very  differ- 
ently formed,  and  wholly  under  the  management  and 
control  of  the  government.  It  might  still  be  called  the 
Bank  of  the  United  States,  or  a  Bank  of  the  Treasury  de- 
partment, he  said ;  and  its  object  be  to  secure  all  the  ad- 
vantages afforded  by  the  bank  then  in  operation,  as  to  the 
finances  of  the  nation.  "  It  might,"  he  said,  "  be  based 
on  public  and  individual  deposites,  but  without  power  to 
make  loans,  or  to  purchase  property  :  not  being  a  corporate 
body,  having  no  stockholders,  debtors,  or  property,  and 
but  few  officers,  it  would  not  be  obnoxious  to  the  constitu- 
tional objections  which  might  be  urged  against  the  present 
bank  :  and  having  no  means  to  operate  on  the  hopes,  fears, 
or  interests  of  large  masses  of  the  community,  it  would  be 
shorn  of  the  influence  which  makes  that  bank  formidable; 
the  States  would  be  strengthened  by  having  in  their  hands 
the  means  of  furnishing  the  local  paper  currency  through 
their  own  banks  ;  while  the  bank  of  the  United  States, 
though  issuing  no  paper,  would  check  the  issue  of  the 
State  banks,  by  taking  their  notes  in  deposite  and  for  ex- 
changes, only  so  long  as  they  were  redeemed  with  specie." 
It  did  not  appear,  however,  by  these  suggestions  of  the 


390  FEDERAL  GOVERNMENT.  [1830 

President,  that  he  had  matured  any  plan  for  a  bank,  as  a 
substitute  for  that  of  the  United  States,  whose  charter 
would  expire  in  1836.  But  one  may  see,  even  in  these 
outlines,  that  he  was  in  favor  of  depositing  and  keeping 
the  public  funds,  in  a  mode  similar  to  that  afterwards  pro- 
posed by  his  successor.  The  plan  was,  indeed,  that  of 
a  Sub-treasury  system,  in  embryo :  which  provides  for 
placing  the  funds  of  the  nation  entirely  under  the  control 
and  management  of  the  executive  part  of  the  government. 
President  Jackson  gave  a  practical  proof  of  his  views  on 
this  subject,  in  1S33,  by  taking  the  public  funds  into  his 
own  hands,  without  authority  of  Congress,  and  most  evi- 
dently contrary  to  the  spirit  of  the  Constitution  and  of  the 
laws  relating  to  the  treasury  department. 

In  all  free  governments,  the  public  treasury  is  under  the 
control  of  the  representatives  of  the  people,  and  of  the  most 
popular  branch  or  House  of  Representatives  ;  and  this  also 
has  the  exclusive  right  to  originate  bills  for  grants  and 
appropriations  of  the  people's  money.  The  chief  magis- 
trate has  indeed  a  voice  in  the  laws  made  for  the  regula- 
tion of  the  funds  ;  but  it  is  an  arbitrary  assumption  of 
power  in  him  to  make  any  use  or  disposition  of  them  other 
than  such  as  the  laws  of  the  legislature  have  directed. 
This  is  a  fundamental  principle  recognized  by  the  framers 
of  our  Constitutions,  State  and  federal ;  and  a  violation,  or 
disregard  of  it,  is  far  more  alarming  than  any  single  act  of 
misjudgment  or  impolicy.  What  stampt  this  conduct  as 
particularly  improper  and  arbitrary,  was  the  consideration 
that  the  legislature  had  just  before  instituted  an  inquiry 
into  the  state  of  the  bank,  and  declared  it  a  safe  deposite 
for  the  public  funds  of  the  government. 

There  was  a  large  deficit  in  the  Post  Office  department, 
for  the  year  1830.  Two  years  before,  under  the  manage- 
ment of  a  different  person, — Hon.  John  McLean,  of  Ohio, 
afterwards  a  Judge  of  the  Supreme  Court  of  the  United 
States, — it  was  in  a  very  prosperous  state.  But  either 
through  the  inefficiency  of  the  present  Post  Master  General, 
or  an  injudicious  increase  of  post  routes  and  post  offices, 
the  balance  was  against  the  department  in  1830.  It  had 
not  always,  indeed,  yielded  a  sufficient  sum  to  meet  the 
expenses ;  but  at  this  time  the  deficit  was  greater  than  for 
many  preceding  years.  The  officer  now  at  the  head  of  the 
department,  was  accused,  how  justly  cannot  be  proved, 
of  party  views  in  his  appointment  of  mail  contractors,  and 
of  multiplying  post  offices  unnecessarily. 

An  effort  was  made,  in  1.831,  to  alter  the  law  of  the 


1831]  JACKSON.  391 

United  States,  passed  at  an  early  period  of  the  federal  gov- 
ernment, defining  the  duties  and  declaring  the  authority  of 
the  Supreme  Court  under  the  Constitution.  A  report  was 
made  in  the  House  of  Representatives,  to  repeal  the  section 
of  that  law,  which  gave  jurisdiction  to  the  court,  in  certain 
cases,  on  appeals  from  decisions  of  the  State  courts.  The 
law,  a  part  of  which  was  now  proposed  to  he  repealed, 
had  been  adopted  more  than  forty  years,  and  no  complaints 
made  against  it.  It  was  now  pretended  that  such  super- 
vising power  in  the  federal  court,  was  inconsistent  with 
the  authority  and  rights  of  a  sovereign  State ;  and  the  al- 
teration was  urged  by  those  who  were  opposed  to  all  ap- 
peals from  the  State  courts,  to  a  court  of  the  United  States. 
The  report  indicated  hostility  to  an  independent  judiciary, 
as  well  as  to  an  evidently  legitimate  authority  in  the  fed- 
eral government,  to  decide  on  questions  of  a  general  nature, 
and  given  exclusively  to  its  jurisdiction.  It  gave  alarm, 
therefore,  to  the  true  friends  of  the  Union  and  of  the  federal 
Constitution.  But  the  report  received  the  negative  vote 
of  a  large  majority  of  the  House  of  Representatives ;  and 
did  not  go  to  the  Senate,  for  the  opinion  of  that  branch  of 
the  federal  legislature. 

At  the  session  of  Congress,  in  1831,  a  large  sum  was  ap- 
propriated for  extending  the  Cumberland  road,  through 
Ohio  and  Indiana,  to  Illinois.  It  was  considered  of  great 
general  or  national  benefit ;  and  therefore,  several  members 
of  Congress  voted  for  the  expenditure,  who  were  opposed 
to  appropriations  for  most  works  classed  under  the  head  of 
internal  improvements.  President  Monroe,  as  well  as 
President  Jackson,  doubted  the  right  of  the  federal  govern- 
ment to  expend  the  funds  of  the  nation,  except  the  object 
was  evidently  of  great  public  and  general  advantage.  But 
as  this  road  had  been  commenced,  there  was  good  cause  for 
extending  it  far  west,  to  the  vicinity  of  the  public  lands, 
and  as  a  very  convenient  passage  way,  from  the  Atlantic 
to  the  farthest  western  settlement. 

Another  act  was  passed  at  this  time,  showing  a  disposi- 
tion and  a  supposed  right  in  the  federal  government,  to  ex- 
pend public  money  or  property,  for  the  internal  prosperity 
of  the  country,  not  expressly  enumerated  in  the  federal 
Constitution  among  the  powers  granted  to  the  general  gov- 
ernment. This  was  for  the  encouragement  of  the  cultiva- 
tion of  the  olive.  A  law  was  passed  on  the  subject  in 
1817,  granting  tracts  of  land,  as  a  premium  to  those  who 
should,  within  a  certain  number  of  years,  cultivate  the 
olive  with  success.     The  propriety  of  that  law  was  now 


392  FEDERAL  GOVERNMENT.  [1831 

recognized,  by  confirming  the  former  grants  of  land,  on 
proof  having  been  adduced  that   the  cultivation  had   been 
pursued,  and  in  some  cases  with  success  :  and  by  a  condi- 
tional grant  of  lands  to  others  engaged   in   the  growth  of 
the  olive,  if  they  should  persevere,  and  succeed  in  the  ex- 
periment.    On  the  same  principle, — that  of  regard  to  the 
general   prosperity — expenses  were  incurred   by  Congress, 
with  reference  to  the  culture  of  the  mulberry-tree  for  the 
silk- worm,   and  the  manufacture  of  silk, — in   paying  for 
treatises  written   on  these  subjects.     A  pamphlet  was  pub- 
lished in  1828,  in  pursuance  of  a  resolve  of  Congress;  but 
the  general   government   gave  no  further  encouragement; 
probably  doubting  the   utility  or  propriety  of  the  measure. 
During  this  Congress,  an  act  was  passed  for  the  benefit 
and  relief  of  insolvent  debtors  to  the  United  States.     It  ex- 
tended to  all  debtors  to  the  federal   government,  except  the 
principals  on  official  bonds;  or  such  as  had  received  public 
monies,  and  not  paid  the  same  over  to  the  treasury  depart- 
ment.    A  tew  honest  and  unfortunate  men  found   relief  in 
this  law ;  but  its  beneficial  effects  were  not  very  extensive. 
The  debtors   to  the  government   were  chiefly  of  that  de- 
scription who  were  excepted  from  the  provisions  of   the 
act.     It  was   but  an  apology  for  a  bankrupt   law,  which 
Congress  is  authorized,  by  the  Constitution,  to  enact.     The 
present  insolvent  law  Was  a   poor  substitute  for  the  former. 
And  it  is  certainly  strange,  that,  with  the  express   grant  of 
power  to  the  federal  government  to  pass  uniform  laws  on  the 
subject  of  bankruptcy,  and  imperfect  as  all  State  insolvent 
laws  must  be,  as  they  are  not  binding  out  of  the  State  adopt- 
ing them,  a  law  of  Congress  for  this  purpose  has  not  been 
enacted.     As  such  a  law  is  chiefly  for  the  benefit  of  traders 
and  merchants,  whose  business  may,  and  often  does,  extend 
in  various  parts  of  the  United  States,  it  belongs  to  the  general 
government  to  legislate  on  the  subject ;  and  thus  to  provide 
that  the  laws  shall  be  one  and  the  same  throughout  the 
nation. 

In  the  course  of  this  year,  1831,  treaties  were  concluded 
and  ratified  with  the  republic  of  Mexico — one  referring  to 
the  boundaries  between  the  two  countries;  and  the  other  to 
commerce  and  navigation.  A  convention  was  also  con- 
cluded, the  same  year,  with  France,  on  the  subject  of  claims 
made  by  the  United  States  on  the  government  of  that  king- 
dom, for  depredations  committed  on  the  American  commerce, 
several  years  before,  under  the  reign  of  the  first  Consul,  the 
Emperor,  or  the  Directory.  Negotiations  for  this  purpose 
had  long  been  conducted  by  able  ministers  from  the  United 


1831]  JACKSON.  393 

States,  but  no  satisfactory  terms  had  been  definitely  settled. 
The  French  government  set  up  an  opposing  claim,  on  ac- 
count of  the  non-fulfilment  of  a  treaty  made  in  1778,  be- 
tween the  United  States  and  the  King  of  Prance,  for  the 
assistance  of  the  former  to  defend  the  West  India  islands  of 
the  latter,  if  attacked  by  the  British.  The  American  ad- 
ministration believed  they  were  exonerated  of  all  such  de- 
mands from  France  by  subsequent  events.  After  much 
discussion  and  delay  on  the  subject,  a  great  portion  of  the 
claims  of  the  United  States  were  now  consented  to  be  paid 
by  the  French  government;  and  an  abandonment  declared 
of  its  former  demands  and  claims  on  account  of  the  treaty 
of  1798,  relating  to  a  supposed  guaranty  of  the  West  India 
islands  by  the  former  American  Congress.  But  this  promise 
of  indemnity  was  not  fulfilled  in  the  time  agreed;  and  the 
delay  furnished  an  occasion  for  unpleasant  and  minatory 
dispute,  three  years  afterwards. 

As  a  census  of  the  United  States  had  been  taken  in 
1830— 1^  a  new  appointment  of  Representatives  among  the 
several  States  was  now  ordered ;  and  after  a  good  deal  of 
discussion,  and  different  ratios  proposed,  the  number  fixed 
for  one  Representative  was  forty-seven  thousand  and  seven 
hundred.  In  1791,  it  was  one  for  every  thirty  thousand ; 
in  1801,  one  for  thirty-three  thousand;  in  1811,  one  for 
thirty-five  thousand;    in  1S21,  one  for  forty   thousand. 

Among  the  important  measures  of  the  federal  government, 
in  1831,  and  the  political  events  affecting  the  United  States, 
were  those  relating  to  the  subject  of  boundaries  between 
the  State  of  Maine  and  New  Brunswick,  which  had  been 
submitted  to  the  arbitration  of  the  King  of  the  Netherlands ; 
but  in  whose  judgment  the  government  of  the  United  States 
did  not  acquiesce;  as  in  his  decision  he  had  departed  from 
the  real  question  referred  to  him,  and  had  given  an  opinion 
which  was  of  the  nature  of  a  compromise,  allowing  to 
Great  Britain  a  large  tract  of  land,  claimed  by  the  United 
States,  by  virtue  of  the  local  boundary  described  in  the 
treaty  of  1783,  and  which  was  recognized  by  the  treaty  of 
Ghent  in  1815.  The  friendly  relations  between  the  United 
States  and  Great  Britain,  were,  however,  still  fully  preserved 
and  maintained.  The  treaty  with  France,  was  finally  settled 
a  short  time  before,  the  sum  promised  to  be  paid,  for  com- 
mercial spoliations,  though  not  so  large  as  claimed,  being 
sufficient  to  satisfy  most  of  the  claimants  ;  while  a  small  sum 
was  stipulated  to  be  allowed  the  French  government  for  de- 
mands on  the  United  States;  and  a  reduction  of  duties  on 
American  cotton,  and  on  wines  imported  from  France,  which 
50 


394  FEDERAL  GOVERNMENT.  [1832 

was  agreed  to  as  a  consideration  for  yielding  an  important 
claim  for  certain  commercial  privileges,  which  the  French 
government  had  urged  under  their  construction  of  the  treaty 
for  the  cession  of  Louisiana.  Treaties  of  commerce  had 
also  been  renewed  with  Sweden  and  Denmark.  Fresh  ne- 
gotiations had  been  instituted  with  the  governments  of  Cen- 
tral and  South  America,  (formerly  colonies  of  Spain,)  on 
account,  of  depredations  on  the  commerce  of  the  United 
States,  for  which  they  apologized,  by  pretending  that  vio- 
lations of  blockades  had  been  committed  by  the  vessels 
confiscated  or  detained ;  and  by  the  consideration  that  no 
commercial  treaty  had  been  formerly  made  by  the  United 
States  and  Spain,  their  parent  government,  which  obliged 
them  to  allow  such  privileges  or  favors,  as  had  been  stipu- 
lated in  the  treaties  of  other  European  powers. 

The  removal  of  some  Indian  tribes  from  the  States,  in 
which  they  had  formerly  resided,  had  been  effected  duringthe 
year,  and  others  were  preparing  also  to  remove  in  the  year 
following — they  were  chiefly  from  the  States  of  Mississippi, 
Alabama,  and  Georgia — and  the  lands,  provided  for  their 
future  settlement,  were  far  west  of  the  river  Mississippi,  and 
beyond  the  territory  occupied  by  citizens  of  the  United 
States  ;  and  where  they  were  to  be  entirely  separated  from 
all  State  authority ;  which  it  was  supposed  would  conduce 
to  their  welfare,  their  preservation,  and  to  the  peace  of  the 
nation.  The  public  finances  appeared  to  be  in  a  prosperous 
State,  as  for  several  preceding  years,  and  the  usual  reduction 
of  the  national  debt  made.  The  President  again  expressed  his 
views,  as  given  on  a  former  occasion,  on  the  propriety  of  an 
alteration  of  the  Constitution,  for  preventing  the  same  per- 
son to  serve  or  be  elected  as  President  of  the  United  States 
a  second  term  ;  and  against  the  policy  of  renewing  the 
charter  of  the  bank  of  the  United  States,  which  would 
expire  in  1836.* 

*  The  Secretary  of  the  Treasury — Louis  McLane,  of  Delaware — in  his  re- 
port on  the  public  finances  and  the  currency  of  the  United  States,  expressed 
views  very  different  from  those  contained  in  the  annual  message  of  the  Presi- 
dent, at  this  period.  His  opinion  was  in  favor  of  the  national  bank,  and  a  full 
conviction  declared  of  its  utility,  both  to  the  government  and  to  the  people. 
And  yet  he  admitted  that  there  were  some  defects  in  the  charter,  and  some 
abuses  in  the  administration  of  the  institution.  But  these,  he  supposed,  might 
be  remedied;  and  the  bank  continued,  with  safety  and  with  highly  favorable 
results  to  the  whole  country.  Many  of  the  political  friends  of  President  Jack- 
son differed  in  opinion  from  him,  as  to  the  constitutionality  and  public  ad- 
vantages of  the  bank  of  the  United  States.  At  a  very  large  meeting  of  citizens 
of  Philadelphia,  in  July,  1832,  soon  after  the  negative  of  the  President  to  the 
bill,  which  was  passed  by  Congress  for  a  renewal  of  the  charter  of  the  bank 
of  United  States,  composed  of  his  former  political  friends,  it  was 

"  Resolved,  That  the  rejection  of  the  bank  of  the    United   States — the  re- 


1832]  JACKSON.  395 

An  additional  pension  law  was  passed  in  June,  1832  ;  by 
which  provision  was  made  for  all  those  who  had  served  in 
tho  war  of  the  Revolution  for  the  term  of  six  months.  The 
pension  allowed  was  a  sum  equal  to  the  wages  received 
when  they  were  in  service,  on  proof  of  the  time  being  two 
years — and  a  proportionate  sum  for  a  less  term  of  service, 
till  it  was  as  short  as  six  months ;  but  none  who  had  served 
less  than  six  months  were  included.  By  this  act  of  Con- 
gress, a  great  number  of  persons  in  the  decline  of  life,  and 
most  of  them  in  reduced  circumstances,  received  the  bounty 
of  the  government,  who  could  not  avail  themselves  of  the 
former  laws  granting  pensions.  And  yet  it  was  found  dif- 
ficult to  do  justice  to  all.  A  large  portion  of  the  men,  who 
had  served  their  country  in  the  contest  for  liberty  and  in- 
dependence, in  the  war  of  the  Revolution,  had  deceased; 
and  equity  seemed  to  require  that  their  children  should  re- 
ceive what  the  parent  would,  had  he  survived.  To  have 
done  this  with  proper  discrimination,  however,  was  scarcely 
possible :  and  the  chief  design  of  a  pension  is  the  personal 
comfort  and  benefit  of  one  who  hazarded  life  and  performed 
important  services  himself. 

The  law  of  1828,  relating  to  duties  on  imports,  by  which 
the  rate  was  raised  to  a  higher  amount  than  was  fixed  four 
years  before,  (both  of  which  were  designed  to  encourage 
and  aid  domestic  manufactures,)  met  with  great  opposition ; 
and  in  some  parts  of  the  Union,  the  complaints  and  denun- 
ciations of  it,  as  an  unequal  and  oppressive  measure,  re- 
ceived some  modification  by  Congress,  in  July,  1832,  by  an 
additional  law  "  to  alter  and  amend"  the  former.  The 
principal  alteration  consisted  in  fixing  a  less  duty  on  coarse 
woollen  goods,  used  chiefly  by  the  common  and  poorer 
classes  of  people.     The  duty  on  the  higher  priced  woollens 

pealed  assaults  of  President  Jackson  on  the  principles  of  protection  to  Amer- 
ican industry ;  on  the  authority  of  the  Supreme  Court,  and  on  the  indepen- 
dence of  both  Houses  of  Congress,  have  severed  every  just  and  honorable  tie 
by  which  the  people  of  Pennsylvania  were  connected  with  him — that  the  r«- 
election  of  a  President,  whose  political  path  has  been  literally  strewed  with 
his  own  violated  pledges,  and  with  the  disappointed  hopes  of  his  patriotic 
friends — who  has  thus  wantonly  trampled  on  the  interests  of  his  fellow-citi- 
zens, and  on  the  Constitution  of  his  country,  would,  in  the  estimation  of  this 
meeting,  be  a  national  calamity,  the  consequence  of  which  we  cannot  con- 
template without  a  shudder — that  we  will,  therefore,  use  all  lawful  and  honor 
able  means,  by  opposing  the  re-election  of  Andrew  Jackson,  to  avert  this 
calamity.  And  we  solemnly  call  on  our  fellow-citizens  of  Pennsylvania 
and  of  the  Union,  heartily  and  manfully  to  contend,  at  the  approaching 
election,  for  the  maintenance  of  those  principles,  and  the  promotion  of  those 
rights,  which  the  patriots  of  the  Revolution  sealed  with  their  blood." 


396  FEDERAL  GOVERNMENT.  [1832 

were  continued  with  little  diminution ;  and  the  minimum 
principle  adopted  in  the  former  law,  was  abolished.  Those 
which  cost  two  dollars  fifty  cents  again  paid  the  same  duty 
under  the  new  as  under  the  former  act.  On  all  which  cost 
less  than  that  sum,  the  duty  was  reduced ;  and  on  those 
which  were  of  the  value  of  one  dollar  and  five  cents  the 
yard,  it  was  fifty  cents  less  than  by  the  law  of  1828.  By 
that  act,  which  adopted  the  minimum  principle,  woollens 
under  thirty-five  and  thirty-three  cents  the  yard,  paid  more 
than  one  hundred  per  cent.  duty.  By  the  former  law,  wool 
imported  was  subject  to  a  specific  duty  of  four  cents  on  a 
pound,  besides  an  ad  valorem  duty  of  fifty  per  cent.  The 
law  of  July,  1832,  imposed  no  duty  on  imported  wool  which 
cost  only  eight  cents  a  pound  ;  and  on  that  which  cost  more 
than  eight  cents,  four  cents,  and  forty  per  cent,  ad  valorem. 
On  cotton  cloths,  and  on  iron,  the  duty  was  also  now  re- 
duced from  the  rate  fixed  by  the  law  of  1S28  ;  on  silk  goods, 
and  on  tea  and  wine,  it  was  greatly  reduced ;  and  common 
teas,  imported  directly  from  beyond  the  cape  of  Good  Hope, 
were  to  be  exempted  from  all  duties. 

The  law  of  1828,  was  considered  unequal  and  impolitic, 
by  a  great  portion  of  the  people,  in  all  parts  of  the  Union  * 
and  it  was  said,  with  much  reason  and  justice,  that  a  rev- 
enue should  be  raised  chiefly  by  high  duties  or  taxes  on 
luxuries  ;  and  that  such  had  been  the  policy  of  most  gov- 
ernments in  Europe.  The  objections  and  complaints 
against  the  act  of  1828  were  indeed  more  vehemently  urged, 
and  relief  more  loudly  and  generally  called  for,  in  the 
southern  parts  of  the  United  States,  than  in  the  middle  and 
eastern  parts.  And  the  law  of  1S32,  with  the  small  and 
partial  reduction  of  duties,  did  not  remove  nor  lessen  the 
opposition,  in  the  southern  States,  to  the  American  system, 
as  the  policy  of  high  duties  on  imports,  for  protecting  do- 
mestic manufactures,  was  then  called.  Where  the  slave 
population  was  large,  coarse  and  low  priced  woollens  were 
much  in  demand ;  and  in  their  operation,  both  the  law  of 

*  It  was  often  stated  in  Congress,  by  members  from  the  southern  States, 
while  the  subject  of  the  tariff  was  under  discussion,  that  the  Representatives 
from  the  New  England  States  were  pushing  the  bill  for  high  duties,  from  self- 
ish motives,  as  the  manufacturers  of  woollen  and  cotton  goods  were  very  nu- 
merous in  that  part  of  the  Union.  But  the  fact  was,  that  the  majority  of  the 
Representatives  from  the  New  England  States  were  opposed  both  to  the  law 
on  the  subject  which  was  passed  in  1816,  and  in  1824.  But  afterwards,  when 
it  was  found  to  be  the  policy  of  the  federal  government  to  aid  domestic  manu- 
factures, and  these  establishments  having  been  multiplied,  they  were  in  favor 
of  the  protecting  system  ;  and  some  of  them,  perhaps,  urged  the  increase  of 
duties  beyond  the  point  of  justice  and  propriety. 


1832]  *     jackson.  397 

1828,  and  of  1832,  were  considered  oppressive,  as  well  as 
arbitrary  and  unjust.  In  South  Carolina,  the  complaints 
and  the  opposition  exceeded  those  made  in  any  other  of  the 
States;  and  it  was  resolved,  a  few  months  after  the  law  of 
July  1832,  not  by  a  few  individuals,  but  by  the  legislature 
of  the  State,  that  that  and  the  former  law  of  1828,  were  in- 
fractions of  the  Constitution,  or  exceeded  the  power  given  to 
the  federal  government  by  that  compact;  and  were  therefore 
null  and  void  ;  and  that  the  execution  of  those  acts  within  the 
State  were  to  be  prevented,  even  by  force,  if  necessary. 

This  was  truly  an  alarming  movement  on  the  part  of 
South  Carolina ;  and  it  was,  in  some  respects,  a  novel  pro- 
ceeding of  a  single  State.  In  1794,  there  was  indeed,  a 
formidable  insurrection,  in  Pennsylvania,  against  the  excise 
laws  of  the  general  government,  passed  at  that  time ;  but  the 
State  authority  did  not  sanction  it,  and  even  made  exertions 
to  prevent  and  suppress  it.  And  the  strange  resolutions  and 
proceedings  of  the  legislatures  of  Virginia  and  of  Kentucky, 
in  1798,  in  opposition  to  the  sedition  and  alien  laws,  did 
not  expressly  propose  opposition  to  them  by  force,  though 
assuming  that  these  laws  were  unconstitutional,  they  fully 
intimated  that  they  were  a  nullity.  When  they  adopted 
such  resolutions  and  declared  such  an  opinion,  these  States 
appealed  to  other  States  to  pronounce  those  laws  to  be  void  ; 
with  the  intention,  no  doubt,  of  having  them  considered 
unconstitutional,  by  a  majority  of  the  States,  that  they 
might  be  repealed  :  and  perhaps  to  have  the  Constitution 
so  amended  as  to  prohibit,  in  future,  the  passage  of  a  law 
either  to  prevent  the  freedom  of  the  press,  or  the  banish- 
ment even  of  aliens  from  the  country,  without  a  formal  and 
legal  conviction  of  treason. 

But  not  content  with  a  public  declaration  that  the  laws 
lately  passed,  imposing  high  duties  on  imported  goods,  for 
the  purpose  of  aiding  manufactures  Were  unconstitutional, 
and  therefore  to  be  deemed  null  and  void,  the  legislature  of 
South  Carolina  explicitly  declared  its  determination  to  pre- 
vent, by  force,  the  execution  of  those  laws  within  that  State  ; 
and  accordingly  prepared  to  oppose  the  authority  of  the 
federal  government  in  any  attempts  to  enforce  or  execute 
them.  On  this  occasion  of  great  excitement  and  alarm,  the 
President  issued  a  proclamation,  in  December,  1832,  warn- 
ing and  forbidding  the  people  in  all  parts  of  the  Union  from 
arming,  with  any  intention  of  opposing  the  laws  of  the 
United  States.  And  he  adopted  measures  to  maintain  the 
authority  of  government  with  decision  and  promptitude. 
His  conduct,  in  this  respect,  was  approved  by  the  people 


398  FEDERAL  GOVERNMENT.  [1833 

generally  through  the  country.  And  the  citizens  of  South 
Carolina  were  patriotic  and  prudent  enough,  soon  after,  to 
cease  all  forcible  opposition.  By  a  few  persons  indeed,  a 
distinction  was  made  between  preparing  to  coerce  a  State 
to  submission,  without  the  full  and  direct  authority  of  a 
legislative  resolution  of  Congress,  and  putting  down  an 
insurrection  promptly,  supported  by  the  minority  of  a  State, 
and  when  the  aid  of  the  federal  government  was  desired  by 
the  constituted  authority  of  the  State,  as  it  was  by  Penn- 
sylvania in  1794.  But  as  a  State  is  only  part  of  the  Union, 
over  which  the  federal  government  has  authority  in  certain 
cases,  one  of  which  is  raising  a  revenue,  which  includes  the 
power  of  laying  duties  on  imports,  all  determination  to  op- 
pose the  due  execution  of  the  laws,  passed  by  the  national 
legislature,  is  evidently  improper :  and  all  preparations  and 
threats  to  resort  to  force  for  such  purpose  may  be  justly 
considered  as  disorganizing,  and  dangerous  to  the  welfare 
and  integrity  of  the  Union. 

During  this  session  of  Congress,  and  soon  after  obstruc- 
tions had  been  placed  in  the  way  of  collecting  import  duties 
in  South  Carolina,  a  bill  was  brought  before  Congress  for 
giving  the  President  full  power  to  enforce  the  laws  on  the 
subject  in  any  and  every  part  of  the  United  States :  which 
was  warmly  opposed  by  the  members  from  South  Carolina, 
and  some  others.  While  the  bill  was  before  the  Senate, 
January,  1833,  the  following  resolves  were  offered  by  Mr. 
Calhoun,  a  Senator  from  South  Carolina — "  That  the  people 
of  the  several  States  are  united  as  parties  to  a  constitutional 
compact,  to  which  the  people  of  each  State,  as  a  separate 
and  sovereign  community — and  that  the  Union  of  which 
that  compact  is  the  bond,  is  a  union  between  the  States 
ratifying  the  same.  That  the  people  of  the  several  States 
delegated  to  the  general  government,  thus  proposed  and 
formed,  certain  definite  powers,  reserving  to  each  State  the 
residuary  mass  of  powers  to  be  exercised  by  its  own  sepa- 
rate government — and  that  whenever  the  general  govern- 
ment assumes  the  exercise  of  powers,  not  delegated  by  the 
compact,  its  acts  are  unauthorized,  void,  and  of  no  effect — 
and  that  the  general  government  is  not  made  the  final  judge 
of  the  powers  delegated  to  it,  since  that  would  make  its 
discretion,  and  not  the  Constitution,  the  measure  of  its 
powers — that  the  assertions,  that  the  people  of  these  States, 
taken  collectively  as  individuals,  are,  or  have  been, 
united  on  the  principle  of  the  social  compact,  and  as  such 
are  formed  into  one  nation  or  people ;  that  the  people 
of  the  several  States  composing  the  Union  have  not,  as 


1833]  jackson.  399 

members  thereof,  retained  their  sovereignty ;  that  the  alle- 
giance of  their  citizens  has  been  transferred  to  the  general 
government ;  and  that  they  have  not  the  right  of  judging 
in  the  last  resort,  as  to  the  extent  of  powers  reserved,  and 
consequently  of  those  delegated — are  not  only  without 
foundation  in  truth,  but  are  contrary  to  the  most  certain 
and  plain  historical  facts,  and  the  clearest  deductions  of 
reason — and  that  all  exercise  of  force,  on  the  part  of  the 
general  government,  or  any  of  its  departments,  are  uncon- 
stitutional ;  tend  directly  to  subvert  the  sovereignty  of  the 
States,  to  destroy  the  federal  character  of  the  Union  ;  and 
to  rear  on  its  ruins  a  consolidated  government,  without  any 
constitutional  check  or  limitation/'  The  next  day  a  Sen- 
ator from  Tennessee,  Mr.  Grundy,  proposed  the  following, 
as  a  substitute  for  the  resolves  offered  by  the  Senator  from 
South  Carolina — "  Resolved,  that,  by  the  Constitution  of 
the  United  States,  certain  powers  are  delegated  to  the  gen- 
eral government,  and  those  not  delegated  nor  prohibited  to 
the  States,  are  reserved  to  the  States  respectively  or  to  the 
people — that  one  of  the  powers  expressly  granted  by  the 
Constitution  to  the  general  government,  and  prohibited  to  the 
States,  is  that  of  laying  duties  on  imports — that  the  power 
to  lay  imposts  is  wholly  transferred  from  the  State  author- 
ities to  the  general  government,  without  any  reservation  of 
power  or  right,  on  the  part  of  the  State — that  the  tariff  laws 
of  1828,  and  of  1832,  are  exercises  of  the  constitutional 
power  possessed  by  the  Congress  of  the  United  States,  what- 
ever opinions  may  exist  as  to  their  policy  or  justice — that 
an  attempt  on  the  part  of  a  State  to  annul  an  act  of  Con- 
gress, passed  on  any  subject,  exclusively  confided  by  the 
Constitution  to  Congress,  is  an  encroachment  on  the  rights 
of  the  general  government." 

In  these  different  resolutions,  offered  for  the  sanction  of 
Congress  by  those  who  repudiated  the  conduct  of  the  exec- 
utive, and  apologized  for  the  measures  of  South  Carolina, 
and  by  those  who  condemned  the  measures  of  South  Caro- 
lina, and  approved  the  conduct  of  the  federal  executive, 
chiefly  indeed,  of  an  abstract  nature,  one  may  perceive  the 
diversity  of  opinion  then  existing,  as  to  the  extent  of  the 
power  of  the  federal  goverment,  and  to  the  authority  re- 
tained by  the  several  States.* 

*  A  distinguished  political  character  in  one  of  the  New  England  States, 
when  the  embargo  was  in  force,  1808,  on  a  public  occasion,  observed,  "  That 
the  government  of  the  United  States  was  a  limited  government,  and  that  Con- 
gress did  not  possess  all  the  powers  of  legislation  ;  that  the  individual  States 
were   originally  complete   sovereignties  ;  that  they  were  so  many  distinct  na- 


400  FEDERAL  GOVERNMENT.  [1833 

In  his  annual  message  to  Congress  in  December.  1832, 
the  President  referred,  particularly,  and  at  great  length, 
to  the  laws  regulating  duties  on  imported  articles,  more 
especially  on  woollen  and  cotton  goods;  although  an  act 
was  passed  at  the  previous  session  of  the  federal  legislature 
on  the  subject,  adopted  after  deliberate  consideration,  and 
intended  to  be  continued  in  force  for  some  years,  and  until 
the  entire  payment  of  the  public  debt  should  be  effected. 
But  that  act  had  not  given  the  general  satisfaction  which  it 
was  hoped  it  would  have  produced  ;  for  after  its  passage, 
the  opposition  in  South  Carolina  to  the  system  of  high 
duties  for  the  protection  of  manufactures  had  continued, 
and  assumed  an  alarming  character,  as  already  related. 
The  President  did  not  indeed,  recommend  a  total  repeal  of 
the  law  in  consequence  of  such  opposition:  but  he  ex- 
pressed the  opinion  and  desire,  that  some  compromise  should 
be  made  j  and  the  law  so  modified  as  to  be  less  exceptiona- 
ble than  it  was  with  its  present  provisions.     And  an  act 


tions,  rightfully  possessing  and  exercising,  each  within  its  own  jurisdiction,  all 
the  attributes  of  supreme  power  ;  that,  by  the  federal  Constitution,  they  agreed 
to  form  a  general  government,  and  to  surrender  a  part  of  their  powers,  not  the 
whole,  into  the  hands  of  this  government ;  that,  having  described  the  form  of 
the  new  government,  they  declared  precisely  what  powers  they  gave  it  ;  and 
having  cautiously  described  and  defined  the  powers  given  to  the  federal  gov- 
ernment for  greater  security,  they  expressly  declared  that  the  powers  not  dele- 
gated to  the  United  States,  by  the  Constitution,  are  reserved  to  the  States,  or  to 
the  people  thereof."  Another  highly  eminent  and  learned  statesmen  has  as- 
serted, in  a  late  public  address,  "  That  these  States,  separately  considered  and 
existing,  were  never  sovereign  and  independent  ;  and  are  only  so  in  their  united 
and  aggregate  character/'  But  this  doctrine  does  not  appear  entirely  consistent 
with  the  phrase  in  the  Declaration  of  Independence,  "That  these  colonies  irere. 
sovereign  and  independent  States" — not  that  tbese  States  were  sovereign  and 
independent  merely  when  united,  or  when  acting  in  concert  for  liberty — and 
the  Constitution  of  the  State  of  Massachusetts  required  of  every  one  in  public 
office  to  declare,  that  the  commonwealth  was  of  right  a  free,  savereign,  and 
independent  State,  though  it  contains  a  clause  authorizing  a  grant  of  civil  power 
to  Congress  for  general  purposes. 

This  doctrine  or  opinion  has  not  generally  been  admitted  ;  nor  does  it  now 
prevail  to  any  great  extent.  In  addition  to  the  remarks  in  the  first  part  of  this 
volume,  the  following  preamble  to  resolves  is  presented,  which  were  adopted 
by  a  large  meeting  in  New  Hampshire,  in  1S08,  and  said  to  be  penned  by  the 
distinguished  expounder  of  the  Constitution,  in  a  more  recent  period.  "The 
government  of  the  United  States  is  a  delegated,  limited  government — the  in- 
dividual States  originally  complete  sovereignties.  They  were  so  many  distinct 
nations,  rightfully  possessing  and  exercising,  each  within  its  own  jurisdiction, 
all  the  attributes  of  supreme  power.  By  the  Constitution,  they  mutually 
agreed  to  form  a  general  government,  and  to  surrender  a  part  of  their  powers, 
not  the  whole,  into  the  hands  of  this  government.  "Having  described  the  form 
thev  declare  preciselv  what  powers  they  give  it  ;  and  then,  for  greater  security, 
expressly  declare,  that  the  powers  not  delegated  to  the  United  States  by  the 
Constitution,  are  reserved  to  the  States  respectively,  or  to  the  people." 


1 833]  jackson.  401 

was  passed  by  Congress,  in  March,  1833,  modifying,  in 
some  important  points,  the  law  of  the  previous  session.  It 
provided  for  the  gradual  reduction  of  duties  on  imports,  to 
take  effect,  in  part,  on  the  first  of  January,  1834 ;  on  the 
first  of  January,  1S36 ;  on  the  first  of  January,  1838  ;  and 
on  the  first  of  January,  1840  :  in  the  following  manner — 
from  all  duties,  which  exceeded  twenty  per  cent,  on  the 
value  of  the  imported  goods  or  articles,  one  tenth  part  of 
such  excess  should  be  deducted,  at  each  of  the  said  periods  ; 
and  that  on  and  after  the  first  of  January,  1842,  one  half 
of  the  residue  of  such  excess  should  be  deduced,  and  the 
other  half  on  and  after  the  first  of  June,  1842.* 

One  design  of  this  compromise-act,  supported  and  urged 
with  great  zeal  by  Mr.  Clay,  a  member  of  the  Senate  from 
Kentucky,  was  to  conciliate  the  southern  States.  The  grad- 
ual operation  of  the  law,  it  was  also  said,  would  prevent 
all  injurious  effects  on  the  manufacturing  interests  of  the 
country.  And  the  fact,  that  the  public  debt  was  then  almost 
and  would  soon  be  wholly  extinguished,  furnished  another 
consideration  for  discontinuing  the  high  rate  of  duties,  for 
the  purpose  of  a  large  revenue.  This  act  however,  was  not 
passed  without  great  opposition,  and  chiefly  from  members 
belonging  to  ihe  eastern  and  middle  States.  By  them,  it 
was  considered  an  abandonment  of  the  established  policy 
of  the  federal  government,  which  had  previously  been  in 
favor  of  the  protective  system ;  and  would  prove  not  only 
an  injury  to  individuals,  but  serve  to  check  the  extension 
of  manufactures,  so  important  to  the  general  prosperity  of 
the  country. 

*  See  page  395. 

51 


402  FEDERAL  GOVERNMENT.  [1833 


CHAPTER  XIV. 

General  Jackson  elected  President  for  a  second  Term.  Difficulty  with  South 
Carolina,  on  account  of  the  Tariff  Laws,  and  Regulations.  President's 
Proclamation.  Debates  in  Congress  on  State  Rights.  Controversy  with 
France  for  not  Paying  United  States  according  to  Treaty  of  1831.  Presi- 
dent proposes  Reprisals,  and  uses  strong  terms  censuring  the  French  Gov- 
ernment. Northeast  Boundary  Question.  Removal  of  the  Indian  Tribes. 
Bill  for  distributing  proceeds  of  Sales  of  Public  Lands.  President's  preju- 
dices and  denunciations  against  the  Banks.  His  views  of  a  Metallic  Cur- 
rency. Increase  of  Mints.  General  evils  of  discontinuing  Banks.  A 
plan  for  a  Sub-Treasury.  Separation  of  Banks  and  the  Government — Under 
control  of  Executive — Danger  of  such  a  System.  General  Jackson's  Polit- 
ical Character.  His  Views  of  Executive  Power  novel  and  alarming.  The 
Effects  of  his  peculiar  Policy  as  to  the  Currency — His  retirement  from  Office . 
Failure  of  his  Financial  and  Monetary  Schemes. 

It  has  been  already  noticed  that  President  Jackson  early- 
discovered  views  decidedly  hostile  to  all  banking  companies, 
and  in  favor  of  introducing  a  metallic  currency.  Of  the 
bank  of  the  United  States  he  appeared  particularly  jealous. 
He  overlooked  its  numerous  advantages  to  the  country ; 
represented  it  as  improperly  administered ;  and  intimated 
that  there  was  a  settled  design  to  dictate  to  the  federal  gov- 
ernment, and  to  corrupt  the  people.  This  opposition  to  the 
institution  was  sharpened  by  a  belief,  in  the  President  and 
some  of  his  friends,  that  its  officers  were  his  political  ene- 
mies, and  were  exerting  their  influence  against  his  re-elec- 
tion, by  granting  pecuniary  accommodations  to  induce  in- 
dividuals to  oppose  it.  The  prejudices  which  he  entertained 
against  the  United  States  bank  were,  in  a  great  measure, 
unjust  ;*  and  yet  his  opinion  of  the  evils  arising  from  the 
multiplication  of  banks,  and  of  an  increased  circulation  of 
bank  paper  in  the  country,  was  adopted  by  a  large  portion 
of  the  people,  who  were  not  interested  in  those  institutions. 
But  his  plan  of  an  immediate  prevention  of  a  paper  cur- 
rency, and  of  introducing  one  exclusively  of  gold  and  silver, 
was  utterly  impracticable,  and  must  have  operated  to  the 
injury  of  the  whole  community :  and  so  far  as  the  policy 

*  His  hostility  to  the  bank,  and  the  misrepresentations  of  his  political  friends, 
had,  perhaps,  induced  the  directors  and  advocates  of  the  bank  to  oppose  his 
continuance  in  office. 


1833]  Jackson.  403 

prevailed,  it  produced  great  embarrassments  in  the  mon- 
etary concerns  of  the  country.  In  accordance  with  his 
views  of  the  insecurity  and  defects  of  banks,  the  President 
recommended  an  examination  into  the  state  of  the  bank  of 
the  United  States,  and  the  proceedings  of  its  directors.  He 
even  intimated  doubts  of  the  safety  of  the  government  funds 
in  that  bank,  and  the  propriety  of  having  some  other  place 
of  deposite.  An  examination  of  the  state  and  administra- 
tion of  that  bank  was  soon  after  had  by  a  committee  of 
Congress  ;  which  reported  in  favor  of  its  safety  and  good 
management.  But  the  President  was  not  satisfied  with  the 
report,  nor  disposed  to  leave  the  public  funds  under  the  di- 
rection and  control  of  Congress,  which  as  the  representatives 
of  the  people,  have  the  only  legitimate  and  constitutional 
authority  over  them.  And  in  the  course  of  the  year,  by  an 
arbitrary  act,  assumed  to  himself  the  right  to  decide  as  to 
the  place  and  manner  of  keeping  them,  without  authority 
from  Congress,  contrary  to  the  spirit  of  the  Constitution, 
and  to  all  former  practice  by  the  executive. 

There  was  a  general  expression  of  disapprobation  of  this 
act  of  the  President.  All  impartial  men  condemned  it :  and 
many  of  the  friends  of  the  administration  admitted  it  to  be 
arbitrary,  whether  the  management  of  the  bank  had  been 
improper  or  not,  as  it  was  an  exercise  of  power  not  within 
the  constitutional  competency  of  the  executive.  Even  his 
belief  that  the  public  good  required  it,  could  furnish  no  just 
apology ;  as  the  national  legislature  was  soon  to  meet,  and 
would  adopt  such  measures  in  the  case,  as  its  collected  wis- 
dom might  dictate. 

The  conduct  of  the  President  afterwards,  in  reference  to 
this  subject,  was  not  calculated  to  show  that  he  was  alto- 
gether free  from  personal  or  party  prejudices  in  the  transac- 
tion. When  the  Senate  requested  a  statement  of  his  reasons 
for  the  measure,  made  by  him  to  his  cabinet,  before  its 
adoption,  but  after  his  resolution  had  been  taken,  he  refused 
to  communicate  it ;  and  Congress  was  thus  left  in  doubt  as 
to  his  real  motives,  or  his  arguments  in  favor  of  the  act  of 
removing  the  public  funds  from  the  bank,  where  by  law 
they  were  deposited. — After  full  and  able  discussion,  a  large 
majority  of  both  branches  of  the  national  legislature  gave 
their  assent,  at  this  session,  to  a  bill  for  distributing  the  pro- 
ceeds of  sales  of  the  public  lands  among  the  several  States, 
according  to  their  population.  It  was  not  proposed  to  include 
all  the  lands  belonging  to  the  United  States,  but  such  portions 
as  might  be  sold  within  a  certain  limited  time.  The  public 
debt  would  soon  be  entirely  paid ;  and  the  lands,  it  was 


404  FEDERAL  GOVERNMENT.  [1833 

contended,  being  granted  for  the  benefit  of  the  Union,  or  all 
the  States  in  the  Union,  might  now  justly  be  appropriated 
for  such  purpose.  Many  of  the  States  were  then  engaged 
in  making  internal  improvements,  and  needed  the  aid  to  be 
derived  from  their  part  of  the  proceeds  of  the  sale.  The 
States  in  which  large  tracts  of  the  public  lands  were  found, 
were  claiming  or  requesting  more  than  their  due  proportion, 
for  these  and  similar  purposes;  and  it  was  justly  urged, 
that  the  other,  especially  the  original  States,  should  receive 
their  full  share.  This  measure  was  generally  considered  to 
be  beneficial  and  equitable  :  but  it  was  opposed  by  the  mem- 
bers of  Congress  from  the  new  States,  and  by  some  of  the 
friends  of  the  administration,  who  desired  the  amount 
arising  from  the  sale  of  public  lands  should  be  at  the  disposal 
or  in  the  keeping  of  the  executive  department  of  the  gov- 
ernment. It  was  passed,  however,  by  a  vote  of  more  than 
two  to  one,  in  the  House  of  Representatives,  and  of  twenty- 
three  to  five,  in  the  Senate.  And  yet  the  President  declined 
giving  it  his  approval  and  signature.  His  conduct  on  the 
occasion  was  severely  censured  :  not  that  his  right  to  with- 
hold his  signature  was  denied,  though  it  was  taking  great 
responsibility  after  the  passage  of  the  bill  by  so  large  a 
majority ;  but  the  manner  of  destroying  the  bill  was  deemed 
unprecedented  and  arbitrary.  Had  he  returned  it  to  Con- 
gress, with  his  objections,  it  might  and  probably  would  still 
have  become  a  law ;  as  more  than  two  thirds  of  each  branch 
of  the  legislature  had  voted  in  favor  of  it.  But  he  retained 
it  in  his  hands,  till  the  session  was  closed,  and  that  Con- 
gress expired  ;  and  thus  an  important  measure  was  defeated, 
by  the  arbitrary  will  of  the  chief  magistrate. 

This  act  of  the  executive  was  not  only  arbitrary,  but 
was  highly  injurious  in  its  consequences.  Had  the  bill  been 
approved  by  the  President,  and  passed  into  a  law,  the  States 
would  have  received,  from  the  proceeds  of  sales  of  the 
public  lands  in  three  years,  upwards  of  fifty  millions  of 
dollars — besides  twelve  and  one  half  per  cent,  allowed  to 
the  States  in  which  the  lands  were  situated,  amounting  to 
over  six  millions.  Nor  would  this  plan  have  been  oppressive 
to  the  common  people,  who  wished  to  purchase  small  lots 
for  their  own  possession,  nor  given  facilities  to  capitalists  to 
purchase  large  tracts  for  speculation:  for  it  provided  for 
sales  ins  mall  parcels.*     Since  that  time,  the  dominant  party 

*  The  State  of  New  York  would  have  thus  received  between  1833  and  1836, 
eight  millions  of  dollars  :  Pennsylvania,  five  millions  seven  hundred  and  fifty 
thousand  :  Virginia,  four  and  one  half  millions  :  Ohio,  about  the  same  sum  : 
Massachusetts,  two  millions:  North  Carolina,  nearly  four  millions:  South  Caro- 


1833]  jackson.  405 

in  Congress  has  opposed  all  similar  efforts  to  dispose  of  the 
public  lands,  the  sale  of  which  would  have  given  a  large 
amount  to  each  State.  And  these  lands  are  melting  away 
from  the  hands  of  the  government,  in  continual  grants  for 
roads,  or  for  public  buildings  and  institutions  for  the  benefit 
of  particular  States  ;  in  utter  disregard  of  the  conditions,  on 
which  they  were  ceded  or  purchased. 

It  is  difficult  to  account  for  this  conduct  of  the  President, 
or  of  the  dominant,  party  in  Congress,  which  gave  him  its 
support;  but  on  the  supposition,  that  they  were  to  be  ap- 
propriated, as  circumstances  might  require,  for  the  purpose 
of  conciliating  certain  States  and  sections  of  the  Union. — 
It  is  hardly  to  be  supposed,  that  personal  feelings  dictated 
this  conduct  of  the  executive,  and  that  he  opposed  and 
prevented  the  plan  solely  from  his  prejudices  against  the 
author  of  it.* 

Another  measure  of  deep  interest  to  the  Union,  and  in- 
volving great  constitutional  questions,  as  to  the  extent  of 
the  powers  of  the  federal  government,  was  adopted  during 
this  meeting  of  Congress.  This  was  an  additional  law 
relating  to  the  collection  of  duties  on  imports  into  the 
United  States.  The  State  of  South  Carolina,  had  not  only 
passed  resolutions,  declaring  the  tariff  law  of  July,  1832, 
unequal  and  oppressive,  but  unconstitutional  and  void; 
and  had  even  made  an  ordinance  to  resist  and  repel  any 
attempts  to  execute  the  law  within  that  State  by  officers  of 
the  federal  government.!  Congress  saw  fit  to  legislate  on 
the  subject ;  and  a  law  was  passed  authorizing  the  Presi- 

lina,  two  millions  :  New  Hampshire,  one  million  one  hundred  and  twenty 
thousand  :  Georgia,  one  million  and  four  hundred  thousand  :  Tennessee,  two 
million  six  hundred  and  seventy  thousand  &c. 

*  This  bill  for  "  the  temporary  appropriation  of  the  proceeds  of  the  sales  of 
the  public  lands,"  provided  that,  for  the  term  of  five  years,  from  the  first  of  Jan- 
uary, 1833,  there  should  be  allowed  to  the  States  of  Ohio,  Indiana,  Illinois,  Ala- 
abma,  Missouri,  Mississippi  and  Louisiana,  respectively,  above  their  due  share, 
twelve  and  a  half  per  cent,  for  objects  of  education  and  internal  improvements, 
as  the  legislatures  of  those  States  should  direct :  and  that  the  other  seven- 
eighths  should  be  divided  among  all  the  States  in  the  Union.  This  bill  was 
neither  approved  nor  returned  to  Congress,  at  the  session  when  it  passed  the 
two  branches  of  the  legislature,  as  has  been  before  noticed;  and  when  the 
President  returned  it,  at  the  next  session,  his  principal  objection  to  it  was,  that 
it  was  contrary  to  the  terms  of  the  cession  of  these  lands  to  the  United  States; 
which  were,  that  they  should  be  for  the  benefit  of  the  whole  Union;  whereas 
the  bill  gave  more  than  an  equal  portion  to  the  new  States,  in  which  the  lands 
were  situated.  And  yet  he  had  before  expressed  an  opinion  that  these  public 
lands  should  be  considered  as  belonging  entirely  to  the  States  wherein  they 
were  found. 

t  See  page  397. 


406  FEDERAL  GOVERNMENT.  [1833 

dent  to  enforce  the  laws  for  the  collection  of  a  revenue 
arising  from  imposts,  and  to  establish  custom  houses  in 
such  other  places  as  might  be  necessary  for  security,  and 
for  the  collection  of  the  legal  duties,  instead  of  the  place 
designated  by  the  existing  laws  of  Congress. 

It  was  on  this  occasion,  that  the  resolutions  were  offered 
by  a  Senator  from  South  Carolina,  Mr.  Calhoun,  relating 
to  the  powers  of  the  federal  government,  and  the  reserved 
rights  of  the  several  States.  He  opposed  the  new  collec- 
tion bill,  and  supported  the  resolutions,  which  were  in  favor 
of  the  right  of  a  State  to  declare  and  to  oppose  a  law  of 
Congress  as  unconstitutional,  when  supposed  by  such 
State  to  exceed  the  power  delegated  to  the  federal  govern- 
ment. His  speech  was  considered  to  be  plausible,  in- 
genious, eloquent,  and  in  some  parts  argumentative  and 
powerful.  But  he  pressed  the  doctrine  of  State  rights  so  far, 
as  to  deny  the  paramount  authority  of  the  federal  govern- 
ment, and  to  endanger  the  stability  of  the  Union.  Those 
who  had  before  advocated  the  doctrine  of  State  rights,  had 
admitted,  that  the  general  government  was  absolutely  su- 
preme in  its  authority  throughout  the  States,  as  to  the  ob- 
jects and  purposes  declared  in  the  Constitution  to  belong 
to  it ;  while  ail  power  not  given  was  reserved  to  the  several 
States.  The  collection  of  a  revenue,  and  the  rate  of  duties 
to  produce  a  revenue,  were  exclusively  in  the  jurisdiction 
of  Congress.  The  Senator  from  South  Carolina  contended, 
that  a  single  State  might  judge  of  the  constitutionality  of  a 
law  of  Congress  on  any  subject,  might  declare  it  unconsti- 
tutional, and  therefore  render  it  null  and  void  in  such 
State.  He  hesitated  to  insist  explicitly  on  the  right,  or  the 
propriety  of  using  force  against  the  authority  of  the  United 
States ;  but  measures  were  adopted  in  that  State,  to  resist 
force  by  force ;  and  many  there  asserted  a  right  to  make 
such  resistance.  It  was  indeed,  proposed  by  the  legisla- 
ture of  South  Carolina,  to  have  a  convention  of  delegates 
from  all  the  States,  to  alter  the  Constitution,  and  deny  to 
Congress  all  authority  to  impose  duties  for  the  protection 
of  domestic  manufactures,  and  only  for  the  purposes  of  a 
revenue. 

The  new  Collection  Bill  was  advocated  by  the  most  able 
members  of  the  Senate,*  and  particularly  by  one  of  the 
Senators  from  Massachusetts,  Mr.  Webster.  And  in  giving 
his  reasons  in  favor  of  the  measure,  he  referred  to  the  reso- 
lutions offered  by  Mr.  Calhoun,  of  South  Carolina,  which 

*  See  Appendix. 


1833]  Jackson.  407 

were  then  pending  before  the  Senate,  and  the  correctness, 
of  which  that  Senator  had  endeavored  to  vindicate.  The 
reply  of  the  Senator  from  Massachusetts,  was  admitted  to 
be  uncommonly  powerful ;  and  his  doctrine  of  the  suprem- 
acy of  the  federal  government,  in  all  cases  wherein  the 
Constitution  had  given  it  jurisdiction,  w^as  allowed  to  be 
correct,  and  even  necessary  to  the  authority  of  Congress  in 
any  case,  and  to  the  preservation  of  the  Union.  The 
theory  of  the  Senator  from  South  Carolina,  was  shown,  by 
the  Senator  of  Massachusetts,  to  be  fraught  with  danger  to 
the  Union,  and  as  leading  to  the  utter  prostration  of  all  the 
powers  of  the  general  government.  It  was  denied,  that  a 
State  had  a  right  to  annul  an  act  of  the  national  legislature 
relating  to  a  subject  exclusively  placed  under  its  authority; 
and  much  more  to  oppose  its  acts  by  force,  on  the  pretence 
that  they  were  unconstitutional ;  but  admitted  that  any 
State,  considering  itself  aggrieved  by  an  act  of  Congress, 
or  in  the  belief  of  its  unconstitutionality,  might  appeal  to 
other  States,  and  propose  a  general  convention  for  an  altera- 
tion of  the  Constitution.  Any  other  opposition  was  deemed 
to  be  rebellion  and  revolution. 

Similar   arguments  were   advanced   by  the  Senator  of 
Massachusetts,  on  this  very  interesting  occasion,  as  he  had 
offered  a  few  years  before,  in  his  reply  to  another  Senator 
from  South  Carolina,  Mr.  Hayne,  who  asserted  the  doctrine 
contended  for  in  the  resolutions,  when  he  was  pleading  for 
a  liberal  allotment  of  the  public  lands  to  the  settlers  in  the 
new  States.     On  both  these  occasions,  the  Senator  of  Mas- 
sachusetts was  believed  to  be  the  most  correct  in  his  views,  on 
the  powers  of  the  general   government,  as  well  as  most 
convincing   in  his   arguments :  and    these   two   speeches, 
perhaps,  contained  the  best  explanation  and  vindication  of 
the  authority  of  Congress,  under  the  Constitution,  which  are 
to  be  found  in  any  productions  or  publications  on  the  sub- 
ject.    In  the  exercise  of  political  authority  relating  to  the 
subjects,  stated  in  the  federal  compact,  to  be  vested  in  the 
national  government,  it  is  paramount  to  all  State  authority  : 
but  on  subjects,  not  enumerated  as  committed  to  the  juris- 
diction of  Congress,  the  right  of  a  State  to  legislate,  is  indis- 
putable and  exclusive.     And  it  can  justly  become  a  ques- 
tion, as  to  the  power  of  the  federal  government  in  a  measure 
proposed,  only  so  far  as  to  ascertain  if  it  be  included  in 
some  of  the  enumerated  powers,  or  necessary  to  carry  into 
effect  the  authority  clearly  delegated. 

To  pretend  that  a  State  may  declare  a  law  of  Congress, 
relating  to  a  subject,  the  regulation  of  which  is  given  to 


408  FEDERAL  GOVERNMENT.  [1833 

the  national  government,  unconstitutional,  and  therefore 
null  and  void,  is  evidently  unsound  in  theory,  and  of  a 
directly  disorganizing  character.  Nor  can  it  justify  the  op- 
pngnation  of  a  State,  that  the  law  operates  unequally,  if 
such  was  not  its  object  and  design.  All  laws  on  naviga- 
tion, imposts,  and  taxes,  operate  in  some  measure  un- 
equally, yet  if  they  are  of  an  uniform  character,  and  are 
founded  on  general  principles  applicable  to  all,  there  is  no 
just  cause  to  complain;  certainly  not,  forcibly  to  oppose. 
Partial  and  unequal  statutes  are  in  some  degree  arbitrary, 
and  remonstrances  against  them  are  perfectly  justifiable. 
But  a  declaration  to  nullify  them  would  be  identical  with 
revolution  ;  or  must  be  deemed  an  idle  threat.  While  the 
federal  government  exercises  the  powers  given  to  it  by  the 
Constitution,  even  with  some  want  of  wisdom,  and  with 
incidental  results  not  perfectly  equal  and  uniform,  the  citi- 
zens are  bound  to  submit,  until  a  remedy  or  prevention 
can  be  legally  provided. 

On  the  fourth  of  March,  1833,  Andrew  Jackson  com- 
menced a  second  term  of  President  of  the  United  States ; 
having  been  previously  and  officially  declared  by  Congress 
to  be  duly  re-elected  by  a  large  majority  of  the  votes  given 
in  all  the  States.  Martin  Van  Buren,  of  the  State  of  New 
York,  was  chosen  Vice-President  for  the  same  term.  Mr. 
Van  Buren  had  been  Senator  in  Congress,  Governor  of  the 
State  of  New  York,  and  minister  to  the  British  Court,  by 
appointment  of  General  Jackson :  and  he  professed  to  be  a 
great  personal  and  political  friend  of  the  President.  Gen- 
eral Jackson  had  then  a  strong  hold  on  the  confidence  of 
the  people:  and  yet  his  opposition  to  the  bank  of  the 
United  States,  and  his  prevention  of  the  passage  of  the  bill 
for  a  distribution  of  the  proceeds  of  sales  of  public  lands 
among  the  several  States,  gave  dissatisfaction  to  many  of 
his  former  supporters. 

In  the  address  of  General  Jackson,  when  he  was  induct- 
ed into  office,  as  chief  magistrate  of  the  Union,  for  a  second 
term,  he  expressed  his  gratitude  to  the  people  of  the  United 
States,  for  this  renewed  proof  of  their  confidence.  He  ob- 
served, "  that  there  were  two  objects,  relating  to  the  do- 
mestic policy  of  the  government,  which  especially  deserved 
the  attention  both  of  the  people  and  of  their  representatives, 
and  which  had  lately  been,  and  would  probably  continue 
to  be,  subjects  of  deep  solicitude;  and  these  were,  the  pres- 
ervation of  the  rights  of  the  States,  and  the  integrity  of  the 
Union.  These  great  objects  are  necessarily  connected,  and 
can  only  be  attained  by  an  enlightened  exercise  of  the 


1833]  jackson.  40g 

powers  of  each  within  its  appropriate  sphere,  in  conformity 
with  the  public  will,  constitutionally  expressed.  It  be- 
comes the  duty  of  all,  therefore,  to  yield  a  ready  submis- 
sion to  laws  constitutionally  enacted,  and  thereby  promote 
and  strengthen  a  proper  confidence  in  those  institutions  of 
the  several  States,  and  of  the  United  States,  which  the  people 
themselves  have  ordained  for  their  own  government."  And, 
as  to  the  foreign  policy  adopted  by  the  federal  government, 
soon  after  its  formation,  and  generally  pursued  by  successive 
administrations,  he  said,  "  it  had  been  crowned  with  almost 
complete  success,  and  had  elevated  the  American  character 
among  the  nations  of  the  earth.  So  happy  have  been  its  re- 
sults, that  we  are  at  peace  with  all  the  World,  and  have  few 
causes  of  controversy,  and  those  of  minor  importance,  re- 
maining unadjusted."  In  conformity  to  the  obligations  of 
the  oath,  which  he  was  about  to  take,  he  declared  it  to  be 
"his  fixed  and  solemn  purpose  to  exert  all  his  best  facul- 
ties to  maintain  the  just  powers  of  the  Constitution,  and  to 
transmit,  unimpaired;  to  posterity,  the  blessings  of  the  fed- 
eral Union." 

Few,  perhaps,  doubted  the  sincerity  of  these  declara- 
tions, or  denied  that  the  President  was  generally  actuated 
by  patriotic  views.  And  yet,  in  administering  the  govern- 
ment, he  committed  errors  of  a  dangerous  tendency,  and 
the  practical  effects  of  which  were  injurious  to  the  enter- 
prises of  the  people,  unfavorable  to  the  advancing  prosper- 
ity of  the  country,  and  encroaching  on  the  powers  of  the 
legislative  branch  of  the  government.  The  causes  of  these 
errors  have  been  differently  estimated,  both  as  to  their 
character  and  their  direct  results.  President  Jackson  had 
strong  passions,  and  he  was  susceptible  of  jealousy,  under 
the  influence  of  selfish  individuals,  with  much  of  mere 
party  feelings  ;  and  his  natural  decision  of  character  led 
him  sometimes  to  adopt  injudicious  measures,  and  to  ad- 
here to  them  with  great  pertinacity  and  obstinacy.  With 
impartial  men.  it  can  hardly  admit  of  a  doubt,  that  it  was 
a  great  error,  in  a  government  like  that  of  the  United 
States,  where  the  powers  of  the  executive  are  expressly 
declared  and  limited,  and  a  written  Constitution  is  the 
guide  of  the  rulers  as  well  as  of  the  people,  for  the  chief 
magistrate  to  assume  undelegated  authority,  and  to  take 
on  himself  the  responsibility  of  measures  not  sanctioned  by 
Congress,  except  in  cases  of  sudden  and  unexpected  emer- 
gency ;  and  still  more  so,  to  give  directions  relating  to  the 
disposition  and  keeping  of  the  funds  of  the  United  States, 
contrary  to  the  regular  laws  of  the  whole  national  legisla- 
52 


410  FEDERAL  GOVERNMENT.  [1833 

ture.  But  this  the  President  presumed  to  do,  in  Septem- 
ber, 1833,  by  an  express  and  peremptory  direction  to  the 
Secretary  of  the  Treasury,  to  remove  the  public  funds  from 
the  bank  of  the  United  States,  and  to  take  them  into  his 
personal  keeping,  subject,  however,  to  his  own  con- 
trol and  orders.  This  extraordinary  act  was  not  commit- 
ted, indeed,  without  some  show  of  reason,  though  wholly 
unjustifiable  in  a  legal  view;  or  from  any  necessity,  as  a 
measure  of  security,  in  the  exigency  of  the  time.  The 
strong  prejudices  and  opposition  of  the  President  towards 
this  bank  have  been  already  seen.  His  official  right  to  give 
a  negative  to  a  bill  which  passed  the  two  Houses  of  Con- 
gress, some  time  before,  for  renewing  the  charter  of  the 
bank,  was  admitted ;  although,  in  withholding  his  assent, 
he  discovered  rather  the  strength  of  his  prejudices,  than  a 
correct  knowledge  of  the  benefits  derived  from  that  institu- 
tion, both  to  the  government  and  to  the  people  throughout 
the  United  States.  The  hostility  of  the  President  to  the 
bank,  arose  in  part,  perhaps,  from  his  opinion  that  the 
banking  system  was  too  much  extended,  and  a  wish  to 
diminish  the  paper  currency  of  the  country,  and  to  intro- 
duce that  of  specie  in  its  place.  He  had  also  been  led  to 
believe  that  the  bank  was,  in  some  measure,  a  political  en- 
gine, and  had  been  instrumental  in  opposing  his  re-election. 
But  this  belief  furnished  no  good  apology  for  his  conduct, 
in  arbitrarily  withdrawing  the  public  funds  from  the  bank, 
where  they  were  kept  by  a  law  of  Congress.  It  is  a  fun- 
damental principle,  in  a  free  government,  that  the  immedi- 
ate representatives  of  the  people  should  keep  the  purse 
strings,  and  should  have  the  constant  and  supreme  control 
of  the  public  funds.  The  Constitution  of  the  United  States 
fully  recognizes  this  important  principle.  It  was  by  a  law 
of  Congress,  that  the  national  funds  were  deposited  in  the 
bank  of  the  United  States,  for  safe  keeping,  and  for  the 
benefit  of  government.  And,  in  consequence  of  vague  re- 
ports, unfavorable  to  its  management,  Congress  had  then 
recently  had  an  examination,  by  a  committee,  of  its  ad- 
ministration and  of  its  condition.  But  they  found  no  rea- 
son to  order  the  removal  of  the  public  funds  from  the 
bank,  either  for  safety  or  for  any  other  object.  And  it 
would  have  been  sufficient  for  the  President  to  have  given 
information  to  Congress,  at  the  ensuing  session,  of  any 
supposed  mismanagement  or  insecurity  of  the  bank,  with  a 
view  to  legislative  action  on  the  subject ;  unless,  indeed, 
during  the  recess,  some  gross  frauds,  or  great  defalcations, 
had  come  to  his  knowledge,  and  the  removal  of  the  national 


1833]  JACKSON.  411 

funds  were  imperiously  and  immediately  required  for  se- 
curity. No  such  crisis  had  occurred.  Nor  were  fears 
generally  entertained  of  the  ability  or  safety  of  the  bank. 
One  Secretary  of  the  Treasury  declined  being  instrumental 
in  removing  the  government  funds,  as  there  was  no  law  of 
Congress  for  such  an  act.  But  the  President  had  resolved 
on  the  measure,  and  assumed  the  responsibility  of  an  act, 
which  required  the  authority  and  sanction  of  the  national 
legislature.  This  arbitrary  conduct,  which  was  an  as- 
sumption of  the  power  of  the  whole  government  by  the 
executive,  was  highly  alarming  to  the  friends  of  republi- 
can liberty  and  of  law,  who  cherished  a  due  regard  for  the 
Constitution.  They  thought  they  saw  in  it  a  dangerous 
inroad  on  constitutional  liberty,  especially  as  it  was  pre- 
tended to  be  done  at  the  will  and  for  the  benefit  of  the  peo- 
ple. For  such  has  been  the  pretence  of  usurpers  and  arbi- 
trary rulers  in  all  ages.  The  power  they  have  exercised 
without  right  and  without  law,  they  have  attempted  to 
justify  by  the  necessity  of  the  case,  or  the  plea  of  more 
directly  and  more  effectually  promoting  the  good  of  the 
people.  Popular  governments  have  generally  been  des- 
troyed by  such  plausible  pretexts. 

The  measure  of  the  President,  in  his  removal  of  the  pub- 
lic funds  from  the  bank  of  the  ,United  States,  where  they 
had  been  kept  by  a  law  of  Congress,  and  after  a  committee 
of  the  House  of  Representatives  had  reported  in  favor  of 
the  faithful  administration,  and  the  safety  of  the  institution, 
was  condemned  as  highly  improper  by  all  but  his  devoted 
political  friends.  The  Senate  called  on  him  for  the  in- 
structions he  gave  for  the  removal  of  the  public  funds,  and 
other  proceedings  on  the  subject.  But  this  he  declined 
doing,  on  the  pretence,  that  he  was  the  keeper,  and  had  the 
control  of  the  treasury  and  of  the  officers  appointed  in  that 
department ;  and  asserted  his  independency  of  the  Senate, 
and  his  irresponsibility  to  them,  in  this  case,  as  he  was  the 
chief  executive  officer  of  the  government.  He  remonstrated 
against  this  act  of  the  Senate;  and,  demanded  his  remon- 
strance to  be  put  on  their  records.  But  they  did  not  sub- 
mit to  such  an  humiliating  act.  And  the  demand  of  the 
President  was  deemed  highly  improper,  and  an  instance  of 
the  dangerous  interference  with  the  independence  of  that 
branch  of  the  government.  The  majority  of  the  Senate,  at 
that  period,  disapproved  of  several  of  the  projects  and 
measures  of  President  Jackson ;  among  which  was  that  of 
discontinuing  the  national  bank,  and  of  having  the  currency 
to  consist  wholly  of  specie.     The  latter,  they  considered  a 


412  FEDERAL  GOVERNMENT.  [1833 

mere  experiment;  at  once  injurious  and  impracticable. 
They  were  advocates  for  the  credit  system,  which  he 
viewed  with  much  disfavor  ;  and  they  expressed  the  opin- 
ion that  well  regulated  banks,  and  bills,  when  there  were 
means  for  redeeming  them,  were  of  essential  benefit  in  the 
present  state  of  the  country. 

The  President  continued  his  hostility  to  the  bank  of  the 
United  States  to  the  close  of  his  administration.  He  had 
persuaded  himself  that  it  was  a  dangerous  institution ;  al- 
though there  was  probably  much  prejudice  operating  in  the 
formation  of  this  opinion.  He  considered  it  a  monopoly,  in 
the  hands  of  a  few  ;  and  as  an  instrument  for  electioneering 
purposes,  inconsistent  with  the  free  and  independent  suf- 
frages of  the  people.  While  the  bank  continued,  he  deemed 
it  also  a  great  obstacle  to  his  scheme  of  an  exclusive  metal- 
lic currency  in  the  nation. 

Banking  companies  had  then  been  greatly  multiplied ; 
and  the  abundance  of  paper  bills  issued,  were  in  some  re- 
spects an  evil  in  the  community.  And  this  increase  of 
paper  money  had  served,  in  a  great  measure,  to  exclude  the 
circulation  of  gold  and  silver,  as  the  medium  of  business 
and  trade.  The  President  proposed  the  impracticable  plan 
of  prohibiting  all  banks,  and  of  introducing  an  entire  metal- 
lic currency  for  the  Union.  And  this  plan  led  him  into 
great  errors,  of  a  paralyzing  effect  on  the  enterprise  and 
business  of  the  country.  It  was  believed  that,  in  the  pros- 
ecution of  this  visionary  plan,  he  and  his  political  friends 
were  opposed  to  the  credit  system,  which  had  always 
existed  in  the  country,  and  which  in  a  young  and  growing 
nation,  like  the  United  States,  was  indispensable  to  any 
great  prosperity,  and  to  the  development  of  its  unbounded 
resources. 

The  effects  of  this  policy  of  the  administration  were  highly 
disastrous  to  the  enterprising  efforts  of  the  people,  some 
time  before  the  close  of  President  Jackson's  administration, 
and  during  the  year  in  which  he  retired  from  office.  The 
discontinuance  of  the  United  States  Bank  produced  a  great 
shock  to  the  trade  and  enterprise  of  the  country ;  and  led 
to  the  increase  of  State  banks,  of  far  less  ability,  and  enjoy- 
ing much  less  of  the  public  confidence.  The  results  were 
a  great  pressure  in  the  monetary  concerns  of  the  people, 
and  of  numerous  instances  of  insolvency.  The  paper  of 
banks,  which  were  well  established  and  wisely  adminis- 
tered, had  been  a  great  facility  to  men  in  business  ;  and  the 
bank  of  the  United  States  was  alike  a  standard  and  a  reg- 
ulator for  the  paper  currency  throughout  the  country. 


1S33]  jackson.  413 

When  the  President  was  called  upon  by  petitions  and  by 
committees  from  the  large  trading  cities,  he  coolly  replied, 
'•  That  the  government  could  give  no  relief,  and  provide  no 
remedy  ;  that  the  banks  were  the  occasion  of  all  the  evils 
which  existed,  and  that  those  who  suffered  by  their  great 
enterprises  had  none  to  blame  but  themselves."  Had  all 
the  evils  arisen  from  over  trading  or  imprudent  speculation, 
it  might  have  been  a  just  rebuke.  But  there  was  little  sat- 
isfaction derived  from  it,  and  little  justice  in  the  declaration, 
since  the  evils  and  embarrassments  which  existed,  were,  in 
a  great  measure,  owing  to  the  arbitrary  interference  and  the 
impolitic  measures  of  the  administration  ;  and  these  meas- 
ures had  been  approved,  and  in  most  instances  strongly 
recommended  by  him.  His  popularity  and  influence  were 
great ;  and  it  was  generally  sufficient  to  ensure  the  passage 
of  a  law,  that  he  had  proposed  it.  But  for  his  opposition,  the 
bank  of  the  United  States  would  have  been  continued;  for 
not  only  the  Senate,  but  the  Representatives  were  in  favor  of 
a  renewal  of  its  charter ;  and  their  committee  had  reported  in 
its  favor,  a  few  months  before  the  President  inflicted  a 
deadly  blow  on  it,  by  the  removal  of  the  public  funds.  The 
pretence  of  the  unconstitutionality  of  the  bank  cannot  be 
supposed  sincere,  nor  the  greatest  objection  to  the  institution, 
without  the  charge  of  some  vanity  in  those  who  made  it ; 
after  it  had  received  the  sanction  of  Washington,  Madison, 
Monroe,  and  Adams.  The  evils  predicted  to  follow  from 
its  discontinuance  were  soon  and  fully  realized;  while  the 
benefits  and  blessings  which  were  to  result  to  the  commu- 
nity, from  the  experiment,  have  not  yet  been  witnessed  in 
any  part  of  the  Union,  nor  enjoyed  by  any  class  of  people, 
or  department  of  industry. 

The  question  respecting  the  boundary  line  between  the 
United  States  and  the  British  province  of  New  Brunswick, 
which  had  often  been  discussed  under  former  administra- 
tions, remained  undetermined,  during  the  presidency  of 
General  Jackson ;  and  was,  at  times,  the  cause  of  serious 
apprehensions  of  a  war  with  England.  The  description 
contained  in  the  treaty  of  1783  with  Great  Britain,  at  the 
close  of  the  war  of  the  Revolution,  (referring  in  some  meas- 
ure to  old  maps  and  treaties*  between  France  and  Eng- 
land,) and  recognized  by  the  treaty  of  Ghent  in  1815,  was 
not  sufficiently  precise  and  clear  to  prevent  all  controversy 

*  The  treaty  between  England  and  France  in  1763,  which  was  followed,  as 
to  the  bounds  between  Nova  Scotia  and  Maine,  in  1783,  described  the  line  as 
running  north  from  the  source  of  the  St.  Croix  to  the  highlands  separating  the 
rivers  falling  into  the  Atlantic  from  those  falling  into  the  St.  Lawrence. 


414  FEDERAL  GOVERNMENT.  [1833 

on  the  subject.  And  it  was  doubtful  how  far  north  the  line 
should  be  run  ;  and  where  were  the  highlands  separating 
the  rivers  running  into  the  Atlantic  ocean,  or  bay  of  Fundy, 
on  the  one  hand,  and  into  the  river  of  Canada,  or  St.  Law- 
rence, on  the  other ;  before  making  an  angle,  by  running 
southwesterly. 

The  administration  was  accused  of  having  made  conces- 
sions, or  overtures,  which  the  British  ministry  turned  to 
their  own  account,  by  construing  the  proposal  as  an  ac- 
knowledgment, that  the  government  of  the  United  States 
was  sensible  of  the  weakness  of  its  claim  so  far  north,  as 
had  been  usually  advanced  ;  or  at  least  as  indicating  a  read- 
iness to  relinquish  a  part  of  the  claim  for  land  near  the 
Atlantic,  One  proposition  of  the  executive  also  was  to 
yield  to  the  British  claim  in  part,  for  the  purpose  of  settling 
the  dispute,  by  giving  up  a  large  tract  in  the  northeast  of 
Maine,  and  to  give  an  equivalent  to  that  State,  by  the  grant 
of  a  tract  of  the  public  lands  in  the  western  part  of  the 
United  States.  In  this  case,  the  rights  and  interest  of  Mas- 
sachusetts appear  not  to  have  been  regarded :  for  the  latter 
State  owned  a  moiety  of  the  territory  in  dispute,  in  the 
northeastern  part  of  Maine. 

Had  the  administration  invariably  contended  for  the 
whole  claim,  as  had  been  previously  urged,  according  to  a 
strict  construction  of  the  treaty  of  1783,  the  difficulty  would 
probably  have  been  settled  at  an  early  day ;  and  in  such 
manner  as  to  have  satisfied  the  people  of  the  United  States. 
This  proposition,  however,  might  have  been  made  in  a  sin- 
cere desire  to  bring  the  controversy  to  a  close.  The  dispute 
was  referred,  by  the  former  administration,  to  the  decision 
of  an  arbitrator,  who  was  to  judge  where  were  the  dividing 
highlands ;  or  how  far  north  the  line  should  run,  before  an 
angle  should  be  made  by  a  line  tending  westerly.  He  was 
not,  indeed,  authorized  to  propose  a  compromise ;  and  yet 
must  have  had  some  discretionary  power. 

The  British  government  conducted  with  less  fairness  and 
candor,  in  this  dispute,  than  might  have  been  expected. — 
There  was  certainly  little  justice,  or  reason,  in  their  claims. 
The  royal  arbitrator,  to  whom  the  subject  was  referred  in 
1830,  although  he  did  not  establish  the  entire  claim  of  the 
United  States,  but  proposed  a  compromise,  which  he  was 
not  authorized  to  do  by  the  terms  of  the  reference,  gave  an 
opinion  adverse  to  the  pretensions  of  the  British.  For  by 
his  opinion,  he  extended  the  right  of  the  United  States  far 
north  of  the  lands  or  territory,  for  which  England  had  con- 
tended, as  being  beyond  the  bounds  between  Nova  Scotia 


1833]  jackson.  415 

and  Maine,  fixed  by  the  treaty  of  peace.  They  contended 
for  limiting  the  north  line  from  the  St.  Croix  to  the  first 
highlands  to  be  found  in  that  direction  ;  instead  of  extend- 
ing farther  north,  as  the  treaty  had  defined  it,  to  the  high- 
lands separating  the  rivers  flowing  into  the  Atlantic  from 
those  which  emptied  into  the  St.  Lawrence.  And  this  made 
a  difference  of  more  than  one  hundred  miles  in  the  extent 
of  the  line,  and  of  several  millions  of  acres  of  land.  The 
conduct  of  the  British  government,  in  this  controversy, 
seems  to  have  been  dictated  by  a  strong  desire  to  have  a 
more  direct  route,  over  their  own  territory,  from  the  province 
of  New  Brunswick  to  Canada. 

In  1833,  there  existed  some  apprehensions  of  a  war  with 
France ;  arising  from  the  refusal,  or  delay,  on  the  part  of 
the  French  government,  to   fulfil  the  terms   of  the  treaty, 
made  two  years  before  ;  in  which  compensation  was  prom- 
ised to  be  made  for  depredations  on   American  commerce, 
at  a  former  period.     This  claim  had  long  been  a  subject  of 
negotiation  between   France  and   the  United   States.     But 
the  French  rulers  did  not  explicitly  acknowledge  the  validity 
and  justice  of  the  American  claims,  nor  engage  to  make  in- 
demnity for  former  depredations  until  the  year  1831.     In 
that   year,  a  treaty  was  made  for  the  purpose,  through  the 
able  and  zealous  efforts  of  Mr.  Rives,  then  the  American 
Envoy  at  the  court  of  France.     The  agreement  was  to  pay 
the  amount,  admitted  to  be  due,  in  several  annual  instal- 
ments; the  first  to  be  made  in   January,  1833.     But  this 
first  payment   was  not  made  when  due,  according  to  the 
treaty.     And  after  several  demands,   or  requests,  for  the 
sum,  the  President   appeared  disposed  to  enforce  the  pay- 
ment.    In  his  public  communications  to   Congress,  and   in 
his  instructions  to  the  minister  of  the  United  States  then  at 
the  French  court,  his  language  was  somewhat  of  a  threat- 
ening character ;  and  the  implication  was,  that  he  consid- 
ered both  the  honor  and  interest  of  the  nation   required  a 
resort  to  force,  unless  the  payment  were  immediately  made, 
as  stipulated  in  the  treaty  of  1831.     It  is  not  to  be  supposed, 
however,  that  he  would  have  solemnly  advised  or  proposed 
war,  for  the  delay  of  payment  of  a  few  millions  of  dollars, 
however  justly  due  ;  especially  as  there  was  reason  to  be- 
lieve that  the  French  government  would  not  wholly  refuse 
to  pay,  though  there  was  an  unreasonable  delay  on  the 
subject.     In   a  special   message  to  Congress,  early  in  1834, 
the  President  spoke  in  strong  terms  of  the  injustice  of  France, 
by  such  delay  of  payment ;  and  expressed  an  opinion  that 
war,  on  this  account,  would  be  justifiable ;  but  he  did  not 


416  FEDERAL  GOVERNMENT.  [1834 

recommend  such  a  measure.  And  had  he  proposed  such  a 
course,  great  as  was  his  influence,  at  that  period,  with  the 
majority  in  Congress,  it  is  doubtful  whether  the  project 
would  have  been  approved  and  sanctioned :  and  yet  as  im- 
proper and  imprudent  measures  have  often  been  supported 
from  party  feelings,  and  for  party  purposes.  The  language 
of  the  President  Was  the  more  alarming,  because  he  was  a 
military  character.  But  the  conduct  of  France  justified  him 
in  speaking  emphatically;  and  probably  any  one  of  his 
predecessors  would  have  considered  it  a  duty  to  the  nation, 
to  speak  in  a  decided  tone  of  the  injustice  of  the  act.  The 
delay,  on  the  part  of  France,  however,  was  not  to  be  im- 
puted to  any  deliberate  purpose  to  violate  its  solemn  en- 
gagements; but  to  the  struggles  of  political  parties  in  that 
government  at  the  time.* 

Judging  from  the  representations  given  by  the  President, 
in  his  annual  message  to  Congress,  December,  1834,  the 
state  of  the  country  was  highly  prosperous,  and  its  future 
prospects  flattering  to  every  patriotic  citizen.  But  he  still 
admonished  the  representatives  of  the  people  of  the  neces- 
sity of  constant  attention,  to  realize  these  anticipations. — 
The  attention  of  the  administration,  he  said,  had  been  given 
to  the  subject  of  the  northeastern  boundary  ;  and  efforts 
made,  by  negotiations  with  Great  Britain,  as  advised  by 
the  Senate,  to  settle  and  adjust  the  dispute,  by  establishing 
a  line  according  to  the  treaty  of  1783.  There  had  been  no 
definite  result,  indeed,  as  had  been  desired  and  expected; 
but  there  was  reason  to  believe  that  the  controversy  would 
soon  be  brought  to  a  satisfactory  termination.  President 
Jackson  and  his  predecessors,  had  made  repeated  efforts  to 
have  the  line  fixed,  and  to  prevent  all  further  collision  and 
dispute ;  and  it  was  believed  that  General  Jackson  had 
authorized  the  Secretary  of  State  to  make  proposals,  with 
a  view  to  an  amicable  settlement  of  the  controversy,  for 
disposing  of  the  extreme  north  section  of  the  disputed  ter- 
ritory, by  way  of  compromise.  Such  a  mode  of  adjusting 
the  dispute,  was  not  approved  by  the  people  generally ;  and 
least  of  all  by  the  citizens  of  Maine,  who  had  ever  been 
determined  to  retain  the  whole. 


*  It  is  not  improbable,  tbat  his  predecessors  would  have  spoken  decidedly 
on  this  subject;  and  pressed  the  demand  for  payment  with  earnestness  and  zeal. 
And,  in  ages  past,  the  conduct  of  France  might  have  provoked  a  war.  But, 
happily,  there  is  now  a  spirit  abroad  in  the  world  opposed  to  war,  and  in  favor 
of  peace,  where  it  is  possible  to  obtain  justice  by  negotiation;  and  the  rulers 
of  a  nation,  who  now  rush  hastily  into  a  state  of  war,  would  receive  the  cen- 
sures of  a  great  part  of  Christendom. 


1834]  jackson.  417 

Agreeable  to  treaties  made  with  Russia,  Austria,  Prussia, 
Sweeden,  Holland,  and  Denmark,  the  commerce  of  the 
United  States  with  those  nations  was  fostered  by  reciprocal 
good  will;  and  no  disputes  existed  with  either  of  them. — 
The  government  of  Spain  had  recently  ratified  the  Conven- 
tion, previously  signed  by  the  Envoys  of  that  court  and  of 
the  United  States ;  and  by  which  the  claims  of  American 
citizens  were  agreed  to  be  allowed  and  paid.  The  parent 
government  of  Spain  had  been  reconciled  to  the  indepen- 
dence of  its  American  colonies  ;  and  the  President  stated, 
"  that  the  government  of  the  United  States  had  been  in- 
strumental in  this  happy  event."  He  also  alluded  to  the 
republics  of  South  America;  and  while  he  regretted,  "  that 
they  had  not  reached  a  more  settled  and  tranquil  civil  state," 
he  said,  "  there  was  no  just  apprehensions  of  immediate 
misunderstanding  or  collision  between  them  and  the  United 
States." 

The  payment  for  claims  on  the  Neapolitan  government, 
for  confiscations  of  American  vessels  and  property,  was 
made  during  the  year  1834,  as  had  been  stipulated  by  a 
treaty  previously  ratified.  The  claims  had  long  been 
pressed  for  allowance,  but  various  unexpected  delays  had 
occurred  to  prevent  both  the  allowance  and  the  fulfilment 
of  the  promise  to  pay.  The  Belgian  government,  at  this 
time,  refused  to  ratify  the  Convention  which  had  been  signed 
by  the  minister  of  that  government  and  the  United  States, 
on  the  subject  of  commercial  intercourse  between  the  two 
nations  ;  on  the  plea,  that  the  Belgian  Envoy  had  exceeded 
his  instructions.  An  offer  was  made  on  the  part  of  Belgium 
to  resume  negotiations  ;  but  the  conditions  and  terms,  pro- 
posed in  the  overture,  were  not  approved  by  the  President  j 
and  he  therefore  declined  it. 

The  treaty,  previously  adopted  between  the  United  States 
and  the  Sublime  Porte,  in  the  opinion  of  the  President,  gave 
favorable  promise  of  benefit  to  the  great  commercial  interests 
of  the  country,  and  would  serve  to  maintain  friendly  re- 
lations between  the  two  governments. 

The  boundary  line  between  the  United  States  and  Mexico, 
agreed  by  treaty,  some  time  before,  to  be  run  and  fixed, 
and  which  the  President  had  urged  to  have  accomplished, 
was  delayed,  from  a  failure  of  the  appointment  of  commis- 
sioners by  the  government  of  Mexico,  which  was  then  in  a 
state  of  great  internal  commotion  and  contests  between 
different  parties.  The  Mexican  authorities  had  not  refused 
to  join  in  establishing  the  boundary  ;  and  it  was  believed 
would  be  desirous  of  effecting  it,  in  a  more  tranquil  state. 
53 


418  FEDERAL  GOVERNMENT.  [1834 

The  President,  in  this  message,  recommended  the  appoint- 
ment of  a  minister  to  Venezuela,  with  a  view  to  secure 
commercial  advantages  to  the  citizens  of  the  United  States. 
Ministers  had  been  already  sent  to  Central  America,  to  Peru, 
and  to  the  Brazillian  government.  Venezuela  was  one  of 
three  provinces — New  Grenada  and  Equador  were  the 
others— which  had  been  recently  united  with  the  republic 
of  Colombia ;  which  was  at  this  time  in  an  unsettled  state, 
with  a  probability  of  being  again  divided. 

The  state  of  the  public  treasury,  at  the  close  of  the, year 
1834,  according  to  the  President's  message,  was  as  follows  : 
The  revenue  exceeded  somewhat  twenty  millions  and  a 
half,  and  the  balance  in  the  treasury,  at  the  beginning  of 
that  year,  was  eleven  millions  and  a  half;  thus  making 
an  amount  of  thirty-two  millions  and  a  half  for  the  ex- 
penses and  payments  of  the  year  :  The  expenditures  for 
the  year  amounted  to  twenty- five  millions  and  a  half;  but 
the  last  portion  of  the  public  debt,  which  had  been  dimin- 
ished, annually,  for  twelve  years,  was  included  in  this 
sum  ;  being  nearly  six  millions. 

As  on  several  former  occasions,  the  President  spoke  in 
this  message,  with  strong  disapprobation  of  the  manage- 
ment of  the  national  bank.     If  he  had  not  full  proof  of  any 
mal-administration,  or  of  any  pernicious  public  influence, 
of  which  few  impartial  men  appeared  to  be  sensible,  he 
must  have  indulged  in  unfounded  prejudices  against  the 
institution,  when  he  said  that,    "  created  for  the  conven- 
ience of  government,  it  had  become  the  scourge  of  the  peo- 
ple."    Others  believed  that  the  bank  of  the  United  States 
had  fully  answered  the  purposes  for  which  it  was  incorpo- 
rated ;  and  had  occasionally  proved  of  great  convenience 
to  the  government,  and  been  favorable  to   the  trading  por- 
tion of  the  citizens ;  without  being  a  "scourge"  to  any  class 
of  people.     Even  a  few   instances  of    favoritism,    which 
possibly  might  be  justly  charged   against   the   directors, 
could  not  render  it,  on  the  whole,  nor  extensively,  an  evil 
to  the  public.     But  its  discontinuance,  by  the  advice  and 
influence  of  President  Jackson,  produced  results  of  incalcu- 
lable  inconvenience    and   embarrassment   throughout   the 
Union — to  the  merchants  first,  and  then  to  other  classes ;  to 
the  farmer  and  the  mechanic.     The  evils,   such  as  they 
were,  arising  from  banking  companies,  were  more  justly  to 
be  attributed  to  their  multiplication  in  the  several  States  ; 
many  of  which  were  either  unwisely  managed,  or  estab- 
lished without  sufficient  funds. 

The  President  was  persuaded  into  the  belief  that  the  in- 
stitution was  corrupt  and  corrupting:  for  he  spoke  "  of  its 


1835]  JACKSON.  419 

corrupt  and  partizan  loans."  He  officially  expressed  the 
opinion  to  Congress,  that  the  public  funds,  still  remaining 
in  the  bank,  were  unsafe,  and  ought  to  be  removed,  forth- 
with, by  an  act  of  the  legislature.  But  the  majority  of 
Congress,  although  approving  generally,  at  that  time,  of 
the  measures  of  the  President,  did  not  respond  to  his  opin- 
ion respecting  the  bank,  nor  denounce  it  as  the  source  and 
cause  of  all  or  most  of  the  prevailing  evils  in  the  trade  and 
currency  of  the  country. 

It  has  been  often  interrogated  whether  the  conduct  of 
President  Jackson,  at  the  time,  or  of  his  political  disciples 
since,  were  conformable  to  his  sentiments  expressed  in  the 
following  passages  in  his  message,  in  1834, — "  The  State 
banks,  are  found  fully  adequate  to  the  performance  of  all 
the  duties  and  services,  which  were  required  of  the  bank 
of  the  United  States  ;  quite  as  promptly,  and  with  the  same 
cheapness.  They  have  maintained  themselves ;  and  dis- 
charged all  those  duties,  while  the  bank  of  the  United 
States  was  still  powerful,  and  in  the  field  as  an  open  ene- 
my :  and  it  is  not  possible  to  conceive,  that  they  will  find 
greater  difficulties  in  their  operations  when  that  enemy 
shall  cease  to  exist. 

"  The  attention  of  Congress  is  earnestly  invited  to  the 
regulation  of  the  deposites,  in  the  State  banks,  by  law. 
Although  the  power  now  exercised  by  the  executive  de- 
partment in  this  behalf,  is  only  such  as  was  uniformly 
exerted  through  every  administration,  from  the  origin  of 
the  government  up  to  the  establishment  of  the  present 
bank,  yet  it  is  one  which  is  susceptible  of  regulation  by 
law  ;  and  therefore,  ought  to  be  so  regulated.  The  power 
of  Congress  is  direct,  in  what  places  the  treasurer  shall  keep 
the  monies  of  the  treasury,  and  to  impose  restrictions  on  ex- 
ecutive authority  in  relation  to  their  custody  and  removal, 
is  unlimited;  and  its  exercise  will  rather  be  courted  than 
discouraged,  by  those  public  officers  and  agents  on  whom 
rests  the  responsibility  for  their  safety.  It  is  desirable  that 
as  little  power  as  possible  should  be  left  to  the  President  or 
the  Secretary  of  the  Treasury,  over  these  institutions,  which, 
being  thus  freed  from  executive  influence,  and  without  a 
common  head  to  direct  their  operations,  would  have  ?ieither 
the  temptation  nor  ability  to  interfere  in  the  political  conflicts 
of  the  country.'''*     This  is  sound,  republican  doctrine;  but 

*  It  is  believed  that  the  Sub-treasury  plan  is  liable  to  these  objections,  and 
directly  calculated,  if  not  intended,  to  produce  corruption,  and  to  answer  elec- 
tioneering purposes,  as  well  as  to  place  the  public  funds  wholly  at  the  disposal 
of  the  executive  and  his  officers. 


420  FEDERAL  GOVERNMENT.  [1835 

the  official  conduct  of  President  Jackson  was  often  in  dis- 
regard of  it.  He  was  not  only  willing  to  take  the  respon- 
sibility of  measures,  without  authority  of  law,  which  in 
some  great  exigencies  might  be  justified  or  excused ;  but 
in  removing  the  public  funds  from  the  bank  of  the  United 
States,  and  withholding  the  bill  for  appropriating  the  pro- 
ceeds of  the  sales  of  public  lands,  for  the  benefit  of  all  the 
States,  he  acted  from  his  own  mere  ivill  and  motion  ;  and  in 
known  opposition  to  the  opinion  of  the  majority  of  both 
branches  of  the  federal  legislature  :  thus  setting  up  his  own 
opinion  to  control  that  of  the  Representatives  of  the  people, 
and  assuming  power  for  the  executive  highly  dangerous  in  a 
republican  government ;  or  regarding  the  opinions  of  a  por- 
tion of  the  people,  expressed  informally  and  under  great 
excitement,  as  a  guide,  rather  than  the  legislature,  the  only 
constitutional  arbiter  to  decide  and  control  as  to  the  laws 
of  the  Union. 

General  complaints  were  made,  during  the  years  1834 
and  1835,  of  the  great  and  increasing  expenses  of  the 
federal  government.  Nor  were  these  complaints  confined 
to  that  portion  of  the  people  who  had  been  opposed  to  the 
election  and  administration  of  General  Jackson.  Many 
of  those  who  were  favorably  disposed  to  his  election  be- 
lieved that  the  public  funds  were  unfaithfully  managed, 
or  unnecessarily  and  wastefully  expended.  The  reform 
promised,  in  this  respect,  had  not  been  witnessed.  Very 
large  sums  were  expended  by  the  conduct  of  land  commis- 
sioners, of  the  Post  Master  General,  of  pension  agents,  and 
of  Indian  agents.  There  was  evidently  a  want  of  faithful- 
ness or  of  competency  in  these  public  officers  :  and  the 
higher  functionaries  of  the  government  did  not  insist  on 
the  settlement  of  their  accounts  with  the  promptness  and 
searching  care,  which  were  necessary.  A  resolution  was 
offered,  at  this  time,  by  Mr.  Calhoun,  a  Senator  from  South 
Carolina,  for  a  committee  "  to  inquire  into  the  extent  of 
the  executive  patronage  ;  the  cause  of  its  increase  of  late  ; 
and  the  expediency  and  means  of  reducing  it."  And  this 
was  evidently  suggested  by  a  belief,  then  generally  pre- 
vailing, that  the  public  expenditures  were  unreasonably 
great ;  and  that  some  expenses  were  incurred,  and  agents 
employed,  by  the  executive,  either  for  party  purposes,  or 
from  want  of  due  attention  to  the  conduct  of  officers  ap- 
pointed by  the  President. 

In  his  public  annual  message  to  Congress,  December, 
1835,  the  President  said,   "  that  every  branch  of  labor  was 


1835]  JACKSON.  421 

crowned  with  most  abundant  rewards  ;  and  that  in  every 
element  of  national  resources  and  wealth,  and  of  individ- 
ual comfort,  we  witnessed  the  most  rapid  and  solid  im- 
provements." And,  in  assenting  to  so  gratifying  a  posi- 
tion, the  people  could  not  but  look  back  to  past  adminis- 
tions,  by  whose  wisdom,  fidelity,  and  foresight,  measures 
had  been  adopted  to  secure  this  great  national  prosperity, 
and  this  permanent  and  progressive  melioration  of  the  con- 
dition of  the  country.  "  The  general  state  of  the  foreign 
relations  of  the  United  States  had  not  materially  changed 
within  the  year."  Little  progress  had  been  made  in 
the  settlement  of  the  long-agitated  subject  of  the  north- 
eastern boundary  ;  but  no  unfriendly  spirit  had  been  mani- 
fested by  the  government  of  England  ;  and  efforts  were 
still  making  to  bring  the  dispute  to  a  favorable  termination. 
The  subject  occupied  the  attention  of  Congress  at  this  ses- 
sion ;  but  as  it  was  in  course  of  negotiation,  under  the  care 
and  direction  of  the  executive,  nothing  was  done,  farther 
than  to  call  for  the  correspondence  relating  to  it  for  the 
year  preceding,  and  the  expression  of  a  desire  that  efforts 
might  be  continued  for  its  speedy  settlement. 

The  President  referred  again,  at  this  time,  to  the  unjust 
delay  of  the  French  government,  in  omitting  to  pay  the 
amount  agreed  by  the  treaty  of  1831,  as  a  compensation 
for  losses  by  American  citizens,  caused  by  depredations  of  a 
former  period.  He  gave  a  minute  relation  of  the  conduct  of 
France,  in  this  its  neglect  to  do  justice  to  the  United  States, 
and  to  perform  engagements  solemnly  stipulated  by  treaty. 
The  French  government  had  resented  the  threatened  lan- 
guage of  the  President,  made  a  year  before,  and  his  propo- 
sition to  Congress  to  make  reprisals  on  the  vessels  and 
property  of  French  citizens ;  and  this  was  one  cause  of  de- 
lay on  the  part  of  France.  The  President  did  not  recom- 
mend an  immediate  resort  to  force  ;  though  he  spoke  with 
decision  of  this  unjustifiable  conduct  of  the  French  gov- 
ernment. *  "  It  was  not,"  he  said,  "  that  the  people  of  the 
United  States  regarded  with  any  deep  interest  the  loss  of 
twenty-five  millions  of  francs  ;  but  they  would  witness  any 
attack  on  their  character,  as  an  independent  nation,  with 
great  sensibility."  And  he  still  indulged  a  hope,  that  the 
speedy  performance  of  justice,  on  the  part  of  France,  would 
restore  the  former  friendly  spirit  between  that  nation  and 
the  United  States. 

The  President  announced  the  highly  and  uncommonly 
prosperous  state  of  the  national  treasury ;  and  said  that 


422  FEDERAL  GOVERNMENT.  [1835 

eleven  millions  of  dollars  would  probably  be  found  therein, 
at  the  close  of  the  year.  The  public  debt  had  then  been 
extinguished ;  and  no  extraordinary  demands  had  re- 
cently arisen,  to  require  very*  large  drafts  on  the  treasury 
of  the  nation.  The  recollection  of  this  statement,  no  doubt 
correct,  served  to  excite  surprise,  that  within  a  short  period 
after,  the  receipts  into  the  treasury  should  not  be  adequate 
to  the  expenditures  necessary  to  support  the  government ; 
and  that  a  resort  was  had  to  loans,  for  that  purpose,  in  a 
time  of  peace.  According  to  the  estimate  of  the  President, 
the  amount  in  the  treasury,  for  the  usual  expenditures,  in- 
cluding the  civil  list,  and  the  army  and  navy  departments, 
for  1836,  would  be  over  thirty-seven  millions;  the  balance 
in  the  treasury,  at  the  end  of  the  year,  1835,  and  the  reve- 
nue from  imposts  and  proceeds  of  the  sale  of  public  lands, 
being  supposed  to  amount  to  that  sum. 

The  President  was  so  far  in  favor  of  internal  inprove- 
ments,  by  appropriations  of  the  national  funds,  that  he 
proposed  the  completion  of  public  works,  already  under- 
taken ;  prefering,  however,  those  relating  to  the  navy  yards 
and  fortifications  which  might  be  necessary  for  defence. 

His  opposition  to  a  distribution  of  the  surplus  funds 
among  the  States,  was  again  fully  expressed.  He  proposed 
no  alteration  of  the  act  relating  to  the  rate  of  duties  on 
imports,  which  was  adopted  two  years  before,  on  the  prin- 
ciple of  compromise  between  those  for  and  those  against 
the  tariff  law  of  1828  ;  as  the  subject  would  be  open  for  dis- 
cussion in  1842 ;  and  the  amount  arising  from  imposts 
would,  in  his  opinion,  be  sufficient  for  the  expenses  of  gov- 
ernment. The  receipts  from  the  sales  of  public  lands  dur- 
ing the  year  1835,  amounted  to  eleven  millions ;  and  it 
was  the  opinion  of  many  members  of  Congress,  as  well  as 
a  great  portion  of  the  people,  that  the  sum  should  be  dis- 
tributed among  the  States.  The  President  was  of  a  dif- 
ferent opinion ;  from  what  motives  and  considerations,  it 
was  difficult  to  decide. 

The  bank  of  the  United  States  did  not  escape  the  notice 
of  the  President  on  this  occasion.  "  It  was  incumbent  on 
Congress,"  he  said,  "  in  guarding  the  pecuniary  interests 
of  the  country,  to  discontinue,  by  law,  the  receipt  of  bills  of 
the  bank  of  the  United  States,  in  payment  of  the  public 
revenue,  and  to  have  an  agent  whose  duty  it  should  be  to 
take  charge  of  the  books  and  stock  of  the  United  States  in 
that  institution ;  and  to  close  all  connection  with  it,  after 
the  third  of  March,  1836,  when  its  charter  would  expire." 


1835]  JACKSON.  423 

This  proposition  of  the  President  discovered,  as  well  his 
jealousy  of  the  influence  of  the  bank,  as  of  his  care  of  the 
public  funds.  For  the  charter  of  the  bank,  being  soon  to 
expire,  it  was  within  the  competency  of  Congress  to  pro- 
vide measures  for  receiving  and  guarding  the  national  stock. 
The  officious  interference  of  the  executive  indicated  an  in- 
veterately  hostile  spirit  to  the  banking  institutions  of  the 
country.  While  others  regretted  the  discontinuance  of  the 
bank  of  the  United  States,  and  apprehended  disastrous  re- 
sults from  the  measure,  and  believed  also  that  a  specie 
currency  was  impracticable,  and  if  attempted  to  be  intro- 
duced, would  produce  great  embarrassment  and  suffering 
in  the  community ;  the  President  expressed  high  satisfac- 
tion and  pleasure,  in  witnessing,  as  he  persuaded  himself 
he  did,  "  The  advantages  which  had  already  been  derived 
from  recent  laws  regulating  the  value  of  gold  coinage." 
He  predicted  "  That  these  advantages  would  be  far  greater, 
in  the  course  of  the  following  year,  when  the  branch  mints 
in  North  Carolina,  Georgia,  and  Louisiana  should  have 
gone  into  operation — aided,  as  it  is  hoped  they  will  be,  by 
further  reforms  in  the  banking  systems  of  the  States,  and 
by  judicious  regulations  on  the  part  of  Congress,  in  relation 
to  the  custody  of  the  public  monies,  it  may  be  confidently 
anticipated  that  the  use  of  gold  and  silver,  as  a  circulating 
medium,  will  become  general  in  the  ordinary  transactions 
connected  with  the  labor  of  the  country.  The  great  desid- 
eratum, in  modern  times,  is  an  efficient  check  upon  the 
power  of  banks  ;  preventing  that  excessive  issue  of  paper, 
whence  arise  those  fluctuations  in  the  standard  of  value, 
which  render  the  rewards  of  labor  uncertain." 

The  events  of  the  two  or  three  following  years  did  not 
fulfil  the  predictions  of  the  President.  The  new  mint  es- 
tablishments, for  coinage  of  gold  and  silver,  served  only  to 
add  to  the  expenses  of  the  government.  Every  dollar 
coined  cost  nearly  that  sum  in  the  manufacture ;  and  in 
some  cases  more  even.  They  were  indeed,  only  occasions 
for  extending  executive  patronage.  The  suppression  of  the 
United  States  Bank  was  followed  immediately  by  extensive 
embarrassments  in  the  business  of  the  country,  and  by  a 
diminution  both  of  the  value  of  real  estate,  and  ;'of  the  re- 
wards of  labor."  Other  banks  of  little  capital  were  in- 
creased, and  a  depreciated  paper  augmented  the  public  dis- 
tresses. And  what  was  still  more  alarming,  as  it  was  a 
great  change  in  all  the  former  financial  operations  and 
course  of  the  government,  it  led  to  the  plan  of  the  sub- 
treasury  system ;  which  proposes  to  place  the  public  funds 


424  FEDERAL  GOVERNMENT.  [1836 

entirely  in  the  keeping  and  under  the  control  of  the  execu- 
tive department;  thus  depositing  them  in  the  hands  of  irre- 
sponsible individuals,  instead  of  being  at  the  direction  of 
Congress,  which  would  take  care  to  have  them  kept  in  cor- 
porations of  large  capital  and  of  able  administration.  In  fact 
all  the  predictions  of  the  President  on  these  subjects  were 
falsified  by  distressing  realities  which  afterwards  occurred. 
It  was  found  impossible  to  have  gold  and  silver  the  only 
medium  of  trade,  or  the  only  currency  in  the  country.  And 
though  the  opinion  was  grounded,  that  banks  had  been  too 
much  multiplied  and  should  be  more  carefully  regulated  by 
law  in  their  issues  of  paper,  the  attempt  to  suppress  their 
hills,  and  to  admit  only  of  a  specie  currency,  would,  have 
produced  immediate  distress  of  great  extent;  nor  was  it 
seen  how  it  would  eventually  prove  for  the  permanent  ad- 
vantage of  the  people.  It  might  have  checked  the  exces- 
sive desire  for  speculation,  and  thus  have  proved  salutary, 
by  introducing  more  economy  in  the  modes  of  living  with  a 
portion  of  the  people ;  but  it  would  also  have  prevented 
useful  and  commendable  enterprise,  and  been  a  great  hin- 
drance to  the  prosperity  and  improvement  of  the  nation. 

The  plan  of  suppressing  banks,  of  preventing  the  circu- 
lation of  their  bills  and  notes,  and  of  permitting  an  entire 
metallic  currency,  was  certainly  a  bold,  if  not  a  rash  ex- 
periment ;  and  was  highly  reprehensible,  whether  it  orig- 
inated in  a  belief  of  promoting  the  permanent  welfare  of 
the  country,  or  in  a  vain  hope  of  forming  a  financial  sys- 
tem and  policy  superior  to  that  of  all  former  times.  It  was 
generally  admitted,  that  a  benefit  would  result  to  the  na- 
tion from  a  diminution  of  banks,  existing  in  1833  and  1834, 
or  from  a  strict  conformity,  in  their  issues  of  bills,  to  the 
laws  by  which  they  were  established  ;  but  all  business 
men,  all  practical  men,  all  people  concerned  in  trade,  how- 
ever prudent  and  cautious  in  their  speculations,  were  of 
the  opinion,  that  banks  were  useful  in  the  community,  that 
they  had  been  the  means  of  the  rapid  increase  of  wealth, 
and  of  great  general  prosperity  ;  and  that  the  forcing  of  a 
metallic  currency  would  produce  very  disastrous  effects. 
The  project  for  a  certain  portion  of  gold  and  silver,  as  a 
currency,  was  not  impugned  ;  but  it  was  contended  that  this 
could  only  be  effected  in  a  limited  degree,  and  that  bills 
and  notes  of  banking  companies  were  great  facilities  for 
the  purposes  of  exchange  and  trade  between  different  parts 
of  the  Union,  and  of  no  injury  to  any  class  of  the  people. 

Such,  too,  it  was  justly  contended,  had  been  the  policy 
of  the  federal  government,  under  every  administration. 


1836]  JACKSON.  425 

from  its  first  establishment,  and  had  answered  all  the  ben- 
eficial purposes  intended  or  expected.  It  was,  therefore, 
in  some  degree  proof  of  rashness  in  the  President  to  deviate 
from  such  safe  precedent ;  and,  under  the  pretence  of  re- 
form, or  of  greater  security  to  the  people,  in  the  enjoyment 
of  their  rights  or  the  just  reward  of  their  labor,  to  insist  on 
a  system  altogether  new  in  the  country,  in  opposition  to 
the  judgment  of  men  of  practical  wisdom,  and  of  extensive 
knowledge,  respecting  the  support  and  the  operations  of 
trade.  No  abuses  of  banking  companies  could  justify  the 
experiment  proposed  ;  and  the  policy  was  early  productive 
of  incalculable  mischiefs.  It  is  not  to  be  supposed  that  the 
President  foresaw  the  disastrous  effects  of  his  experiment ; 
but  its  failure  furnishes  admonition  and  rebuke  to  all  rash 
innovators,  and  all  visionary  reformers  of  a  policy  which 
has  long  contributed  to  the  prosperity  and  advancement  of 
a  nation. 

While  he  claimed  the  right  to  act  independently  of,  and 
in  opposition  to,  the  will  of  the  legislature  relating  to  the 
bank,  and  the  removal  of  the  public  funds  from  it,  the 
President  professed  a  desire  to  have  little  discretionary 
power  in  the  hands  of  the  executive,  and  expressed  the 
opinion,  that  his  duty  was  to  be  defined  and  prescribed  by 
the  legislature.  There  here  appeared  some  degree  of  incon- 
sistency in  his  conduct,  in  the  unauthorized  removal  of  the 
government  funds  and  the  theoretic  views  of  the  President. 
He  used  the  following  language,  when  referring  to  the  sub- 
ject in  this  message:  "  I  need  only  to  add  to  what  I  have 
said  on  a  former  occasion — that,  in  the  regulations  which 
Congress  may  prescribe  respecting  the  custody  of  the  pub- 
lic monies,  it  is  desirable  that  as  little  discretion,  as  may  be 
deemed  consistent  with  their  safe  keeping,  should  be  given 
to  executive  agents.  No  one  can  be  more  deeply  impressed 
than  I  am  with  the  soundness  of  the  doctrine  which  restrains 
and  limits  executive  discretion.  In  respect  to  the  control  over 
the  public  money,  this  doctrine  is  peculiarly  applicable,  and 
is  in  harmony  with  the  great  principle  which  I  felt  I  was 
sustaining  in  the  controversy  with  the  bank ;  which  has 
resulted  in  severing  a  dangerous  connection  between  a 
monied  and  political  power."  It  is  difficult  to  perceive  how 
the  conduct  of  the  President,  in  this  case,  was  in  harmony 
with  the  doctrine  above  asserted,  or  with  the  provisions  of 
the  Constitution.  The  majority  of  Congress  were  opposed 
to  the  removal  of  the  public  funds  from  the  bank,  and  they 
were  fully  of  opinion  that  they  were  safe  therein ;  and  yet 
the  executive  assumed  power  to  remove  them  and  to  take 
54 


426  FEDERAL  GOVERNMENT.  [1836 

them  into  his  own  keeping.  General  Jackson  would  have 
the  duty  and  authority  particularly  prescribed  ;  and  yet  he 
would  use  his  own  discretion,  to  any  extent,  in  his  official 
acts  ! 

The  President  referred  to  the  State  of  the  militia  of  the 
United  States,  and  recommended  its  more  efficient  organiza- 
tion. The  opinion  he  expressed  was  in  accordance  with 
the  views  of  his  predecessors,  and  of  other  sound  statesmen 
in  the  republic.  "The  militia,"  he  said,  "constituted  our 
surest  defence,  and  ought  therefore  to  be  well  organized ; 
and  a  classification  be  ordered  and  maintained  ;  as  this 
only  would  prevent  the  expense  and  danger  of  keeping  up 
a  large  regular  military  force." 

The  removal  of  the  Indian  tribes  residing  on  the  eastern 
side  of  the  Mississippi  to  a  vacant  territory  west,  was  again 
mentioned  by  the  President,  at  this  time,  and  he  informed 
Congress,  that  many  of  them  had  emigrated  to  the  region 
alloted  to  them  ;  while  some  refused  or  hesitated  to  leave 
their  former  places  of  residence.  It  was  his  opinion,  now 
anew  and  more  explicitly  declared,  that  their  removal  and 
separate  location  would  prove  highly  beneficial  to  the  tribes, 
and  tend  most  effectually  to  their  peace  and  welfare. 

The  condition  of  the  navy  was  presented  to  the  attention 
of  Congress;  and  it  was  proposed  to  adopt  measures  for 
adding  to  its  strength  and  efficiency.  The  views  expressed 
by  the  President  were  founded  in  a  just  appreciation  of  the 
importance  of  that  essential  arm  of  national  defence. 

The  post  office  department  had  been  now  somewhat  im- 
proved, since  its  great  embarrassment  at  the  period  of  two 
years  before.  Many  delinquent  agents  and  contractors, 
connected  with  that  department,  had  been  required  to  settle 
their  accounts ;  and  there  was  a  prospect  that  the  income 
would  be  fully  equal  to  the  expenses  of  the  institution. 

The  President  took  notice,  in  this  message,  of  the  circu- 
lation, by  the  mail,  of  tracts  and  pamphlets  on  the  subject 
of  slavery,  which  at  that  period  produced  a  great  excite- 
ment in  the  southern  section  of  the  Union.  His  views  on 
the  subject  fully  appear  from  the  extracts  following  : — 

"  In  connection  with  the  subject  of  the  post  office,  I  must 
also  invite  your  attention  to  the  painful  excitement  pro- 
duced in  the  south,  by  attempts  to  circulate,  through  the 
mails,  inflammatory  appeals  addressed  to  the  passions  of  the 
slaves,  in  prints,  and  in  various  sorts  of  publications,  cal- 
culated to  stimulate  them  to  insurrection,  and  to  produce 
all  the  horrors  of  a  servile  war. 

"  There  is,  doubtless,  no  respectable  portion  of  our  coun- 


1836] 


JACKSON.  427 


trymen,  who  can  be  so  far  misled  as  to  feel  any  other  sen- 
timent than  that  of  indignant  regret  at  conduct  so  destruc- 
tive of  the  harmony  and  peace  of  the  country,  and  so  re- 
pugnant to  the  principles  of  our  national  compact,  and  to  the 
dictates  of  humanity  and  religion.  Our  happiness  and 
prosperity  essentially  depend  upon  peace  within  our  bor- 
ders ;  and  peace  depends  upon  the  maintenance,  in  good 
faith,  of  those  compromises  of  the  Constitution  upon  which 
the  Union  is  founded.  It  is  fortunate  for  the  country  that 
the  good  sense,  the  generous  feelings,  and  deep-rooted  at- 
tachment of  the  people  of  thenon-slaveholding  States  to  the 
Union,  and  to  their  fellow  citizens  in  the  south,  have  given 
so  strong  and  impressive  a  tone  to  the  sentiments  enter- 
tained against  the  proceedings  of  the  misguided  persons 
who  have  engaged  in  these  unconstitutional  and  wicked  at- 
tempts, and  especially  against  the  emissaries  from  foreign 
parts,  who  have  dared  to  interfere  in  this  matter,  as  to  au- 
thorize a  hope  that  these  attempts  will  be  no  longer  per- 
sisted in.  But  if  these  expressions  of  the  public  shall  not 
be  sufficient  to  effect  so  desirable  a  result,  not  a  doubt  can 
be  entertained,  that  the  non-slaveholding  States,  so  far 
from  countenancing  the  slightest  interference  with  the  con- 
stitutional rights  of  the  south,  will  be  prompt  to  exercise 
their  authority  in  suppressing,  so  far  as  in  them  lies,  what- 
ever is  calculated  to  produce  this  evil." 

There  was  a  great  agitation  of  the  public  mind,  and  had 
been  for  several  years,  on  the  subject  of  domestic  slavery. 
And  in  their  zeal  to  put  an  end  to  this  evil,  as  many  con- 
sidered it,  or  this  positive  injustice,  as  some  pronounced  it, 
pamphlets  were  printed  in  some  of  the  northern  States,  of 
a  very  exciting  and  aggravated  character ;  and  sent  by 
mail  and  otherwise,  into  those  parts  of  the  Union  where 
slavery  existed,  and  was  allowed  by  law.  Had  those  in 
the  north,  who  considered  slavery  a  social  evil,  inconsistent 
with  republican  principles,  and  contrary  to  the  Christian 
religion,  been  content  to  use  sober  argument  on  the  subject, 
or  to  publish  tracts  to  show  the  evils  and  injustice  of  negro 
slavery  in  any  form,  for  distribution  among  such  as  chose 
to  purchase  or  receive  them,  they  would  not  have  been 
justly  liable  to  the  charges  of  inflammatory  proceedings. 
The  State  governments  are  fully  competent  to  regulate 
their  internal  police,  and  the  federal  Constitution  recognizes 
the  right  to  hold  slaves,  or  at  least  has  not  prohibited  such 
conduct  in  a  State,  where  slavery  then  existed.  It  was 
therefore  believed  to  be  a  violation  of  the  federal  compact, 
as  well  as  doing  great  mischief  to  the  people  in  the  south- 


428  FEDERAL  GOVERNMENT.  [1836 

ern  States,  to  interfere  with  slavery  within  their  jurisdic- 
tion, where  it  had  long  been  maintained.  Some  of  the  pub- 
lications had  a  tendency  to  create  insurrections  among  the 
people  of  color  against  their  owners  and  masters,  which 
would  have  produced  incalculable  evil  and  sufferings. 
And  thus  the  conduct  of  the  ultra  abolitionists  was  highly 
reprehensible  :  and  yet  so  far  as  they  acted  conscien- 
tiously, after  due  inquiry,  it  might  not  justly  be  considered 
as  wicked. 

Difficulties  arose  in   1836,  with  some  of  the  Creek  and 
Cherokee  tribes,  in  the  territory  of  Florida.     These  tribes 
had  always  been  opposed  to  a  removal  to  a  distant  country, 
west  of  the  Mississippi  river  ;  and  some  of  them  refused  to 
emigrate.     But  the  greater  part  of  them  retired  into  Flor- 
ida; and  were  there  joined  by  stragglers  from  other  tribes, 
as  well  as  by  the  the  few  Indians,  then  residing  in   that 
territory.     Exasperated  by  the  severe  treatment  they  had 
met  with  from  Georgia,  which  was  in  some  measure  coun- 
tenanced by  the  United  States  authority,   they  attacked 
the  white  population,  and  committed  numerous  outrages 
and  murders.     It  was  deemed  proper  by  the  federal  exec- 
utive to  call   on  the  military  to  check  and  suppress  them. 
The  militia  were  first  called  out  under  Governor  Call  ;  and 
afterwards  the  United  States  regular  troops,  commanded 
by  General  Jessup.     Governor  Call   was  unable  to  quell 
these   hostile    Indians;    but   when    the  President   ordered 
General  Jessup  to  proceed  against  them,  he  informed  Con- 
gress there  was  reason   to  expect  they  would  be  soon  re- 
duced to  subjection.     This  hope   was  not  fulfilled.     The 
Indians  in  that   territory  continued  their  depredations  for 
many   years,    with    various    success    and   reverses;    and 
though   not   sufficiently    numerous   to  venture    an   attack 
upon  the  main  body  of  the  troops,  under  Jessup,  they  fell 
on  the  defenceless  families  in  different  places,  and  some- 
times on  small  detachments  of  the  troops,  and  committed 
robberies  and  murders,  almost  without  number.     Some  of 
them  were  also  slain,  and  others   driven    to    their  hiding 
places  in  the  distant  forests.     The  extent  of  sufferings  they 
caused  among  the  white   population  were  almost   unex- 
ampled, when  it  is  recollected  how  few  they  were  and  how 
formidable  the  troops  sent  against  them.     The  war  in  Flor- 
ida against  a  few  scattering  Indians,   in  five  years  con- 
sumed many  millions  of  dollars  ;  and  proved  fatal  to  many 
young  men  of  great  promise,  who  would  have  been  useful 
in  society :  many  of  them  fell   victims  to  the  unhealthy 
climate.     Judging  from  the  progress  and  results  of  this  un- 


1836]  jackson.  429 

happy  contest,  it  appears  to  have  heen  conducted  in  an 
unskilful  and  desultory  manner.  Or  may  it  be  said,  that 
the  power  of  retributive  justice,  has  been  here  remarkably 
displayed? 

In  the  message  of  President  Jackson  to  Congress,  De- 
cember, 1836,  which  was  his  last  annual  address  to  that 
body,  he  referred  to  various  subjects  of  a  public  and  na- 
tional character,  on  which  the  attention  of  the  administra- 
tion had  been  bestowed  subsequent  to  the  previous  session. 
And  he  said  he  had  reason  to  congratulate  the  Represent- 
atives of  the  people,  and  through  them  the  people  them- 
selves, on  the  prosperous  state  of  the  Union,  and  the  con- 
tinued friendly  relations  with  other  governments.  But  the 
question  of  the  northeastern  boundary,  remained  unad- 
justed ;  and  there  had  also  been  an  unexpected  delay,  on 
the  part  of  Mexico,  in  running  the  line  between  that  country 
and  the  United  States.  Some  misunderstanding  occurred, 
in  consequence  of  a  hasty  view  taken  by  the  Mexican 
minister,  of  the  advance  of  General  Gaines,  with  some 
United  States  troops  into  the  territory  of  Texas,  and  then 
claimed  by  the  Mexican  government  to  be  within  its  juris- 
diction. But  it  soon  appeared  he  only  advanced  a  small  dis- 
tance beyond  the  acknowledged  bounds  of  the  United 
States  ;  and  that  merely  for  the  purpose  of  preserving  the 
frontiers  from  the  inroads  of  Indian  tribes;  which  was  ac- 
cording to  a  provision  included  in  the  treaty  then  existing 
between  the  two  republics. 

He  spoke  again  of  the  dangerous  influence  of  the  bank 
of  the  United  States ;  and  so  strong  was  his  opposition  to 
the  institution,  either  from  prejudice  or  exaggerated  repre- 
sentations of  its  administration,  that  he  advised  to  the  im- 
mediate disconnection  with  it  of  the  department  of  the 
national  treasury,  in  all  respects.  The  revenue  for  1836, 
was  productive  beyond  all  former  years.  At  the  close  of 
the  year  there  were  forty-seven  millions  and  seven  hundred 
thousand  dollars  in  the  treasury  :  twenty-two  millions  and 
a  half  of  which  accrued  from  the  customs ;  and  twenty- 
four  millions  from  other  sources,  chiefly  from  the  sale  of 
public  lands.  There  would  be,  according  to  the  estimation 
of  the  Secretary  of  the  treasury  department,  forty-one  mil- 
lions for  distribution  among  the  States :  a  plan  for  which 
was  then  matured.  But  the  President  did  not  recommend 
this  measure,  and  it  was  not  without  great  reluctance  that 
he  approved  the  bill  for  the  purpose.  He  differed  from  the 
majority  of  Congress  on  this  subject ;  but  had  the  prudence 
to  give  the  plan  his  sanction,  in  accordance  with  the  pre- 


430  FEDERAL  GOVERNMENT.  [1836 

vailing  opinion.  He  even  doubted  the  constitutionality  of 
the  measure  ;  and  was  opposed  to  the  policy  of  allowing  to 
the  several  States  any  surplusage  in  the  public  treasury. 
As  a  general  and  permanent  proceeding,  it  would  seem  to 
be  unwise  and  inexpedient ;  and  a  proper  regulation  would 
be  to  lessen  the  rate  of  duties,  so  as  to  avoid  a  very  great 
superfluous  sum  remaining.  But  the  rate  of  duties  could 
not  then  be  justly  reduced,  as  there  was  a  law  in  operation, 
of  the  character  of  a  compromise,  which  the  government 
was  bound  not  to  violate.  In  a  few  years,  the  law  would 
cease  to  be  in  force,  and  the  duties  might  be  brought  down 
to  the  wants  of  the  government.  When  there  was  a  very 
large  amount  in  the  treasury,  the  public  debt  paid,  and  no 
extraordinary  expenses  anticipated,  it  was  alike  wise  and 
equitable  to  cause  a  distribution  among  the  several  States, 
to  which  it  justly  belonged,  for  their  appropriation.  A 
large  sum  in  the  treasury  would  have  been  a  strong  temp- 
tation to  Congress,  or  the  executive,  to  expend  it  in  a  vis- 
ionary, partial  or  unnecessary  manner. 

Although  the  compromise  act  regulating  the  rate  of  du- 
ties on  imported  goods  and  articles,  passed  two  years  before, 
was  an  implied  engagement  in  the  government  not  to  make 
any  change  till  1842,  except  the  gradual  decrease,  as  ex- 
pressly provided  by  it,  the  President  suggested  the  propriety 
of  other  reductions ;  but  with  apparent  hesitation,  and 
without  an  express  recommendation.  Being  opposed  to  the 
plan  of  a  distribution  of  the  national  funds  among  the 
States,  however  superabundant,  he  was  in  favor  of  keeping 
down  the  revenue  to  the  necessary  expenses  attending  the 
support  of  the  government,  by  a  diminution  of  imposts  ac- 
cruing from  the  existing  laws.  But  the  majority  of  Con- 
gress were  not  willing  to  disturb  the  compromise  law  ;  and 
many  of  the  members  from  the  middle  States,  who  were 
supporters  of  the  general  measures  of  the  administration, 
were  decidedly  in  favor  of  the  system  of  protecting  domes- 
tic manufactures. 

General  Jackson  retired  from  the  presidency  in  March, 
1837 ;  his  second  term  of  service,  in  that  high  office,  having 
then  expired.  During  his  administration,  the  public  debt 
of  the  United  States  was  wholly  paid  ;  but  the  policy  and 
system  for  extinguishing  it,  by  annual  payments,  had  been 
adopted  by  President.  Monroe,  twenty  years  before.  And 
the  credit  of  this  provident  plan  was  principally  due  to 
Hon.  Mr.  Lowndes,  a  distinguished  member  of  Congress 
from  South  Carolina.  And  President  Adams  had  faithfully 
pursued  this  wise  and  prudent  course,  having  reduced  the 


1S36]  jackson.  431 

debt  of  the  nation,  by  the  appropriation  of  about  ten  mil- 
lions annually. 

When  General  Jackson  came  into  office,  in  1829,  it  was 
said  the  expenses  of  the  federal  government  were  far  greater 
than  necessary:  and  that  there  was  much  extravagance  in 
the  public  appropriations  and  expenditures.  Large  sums 
had  been  voted  for  surveys  of  public  roads,  canals,  &c,  and 
these  were  considered  unnecessary  by  some  members,  and 
unconstitutional  by  others  of  the  national  legislature.  But 
the  public  expenses  were  much  increased  during  the  admin- 
istration of  President  Jackson.  The  population  of  the  coun- 
try had  indeed  increased,  and  this  could  not  but  be  attended 
with  some  additional  expenses  to  the  government;  as  the 
conveyance  of  the  mail  in  many  places  where  the  proceeds 
were  very  small ;  additional  land  agents  and  land  registers 
in  the  western  parts  of  the  Union  ;  and  an  increase  of 
officers  in  the  departments  at  Washington,  and  in  some  dis- 
tricts for  the  collection  of  the  revenue.  But  the  additional 
expenses  were  much  greater  than  could  be  justly  required 
for  these  purposes.  Offices  were  unnecessarily  multiplied, 
in  some  cases  ;  especially  in  the  post  office  department ; 
which  was  managed  in  1S30  and  1831,  with  as  little  wis- 
dom as  economy.  And  large  sums  were  lost  to  the  national 
treasury,  through  the  delinquencies  of  the  collectors  and 
receivers  of  the  public  monies ;  and  by  the  unjustifiable 
lenity  and  forbearance  shown  by  the  higher  officers  of  gov- 
ernment to  such  delinquents,  even  after  their  defalcations 
were  known  and  of  long  standing. 

The  promises  of  President  Jackson's  friends  and  sup- 
porters were  not  realized.  They,  indeed,  were  rewarded ; 
but  not  without  a  gross  disregard  to  economy ;  and  who- 
ever would  not  flatter  the  President,  nor  applaud  his  meas- 
ures, however  honest,  were  removed  from  office ;  and  his 
professed  friends  exclusively  entrusted  with  commissions 
which  should  be  given  only  to  the  upright  and  patriotic. 

But  his  arbitrary  conduct  in  the  management  of  the  pub- 
lic monies  was  most  highly  objectionable  and  most  alarm- 
ing to  the  friends  of  constitutional  law,  who  considered  the 
funds  of  the  government  entirely  under  the  control  of  the 
representatives  of  the  people  ;  except  that  the  executive 
should  be  allowed  discretion  as  to  the  time  and  manner  of 
expending  the  money  appropriated  by  law.  His  conduct, 
therefore,  in  seizing  on  the  public  funds,  and  withdrawing 
them  from  the  bank  of  the  United  States,  where  Congress 
had  ordered  them  to  be  deposited  and  kept,  was  very  gener- 
ally condemned,  as  an  act  of  a  most  arbitrary  nature,  and 


432  FEDERAL  GOVERNMENT.  [1836 

of  very  dangerous  precedent.  And  it  was  not  so  much  this 
single  act,  arbitrary  and  unauthorized  as  it  was,  as  the 
principle  assumed  by  the  President,  in  this  measure,  of  a 
right  in  the  executive  to  go  beyond  law  and  contrary  to 
law  even;  and  to  make  his  own  opinion,  rather  than  the 
laws  of  Congress,  the  rule  of  his  conduct. 

The  principles  of  General  Jackson,  as  chief  magistrate, 
have  been  sometimes  deemed  to  be  similar  to  those  of  Presi- 
dent Jefferson.  Not  that  the  latter  had  the  boldness,  or  dis- 
regard of  public  opinion,  as  the  former  sometimes  manifested; 
but  they  both  were  disposed  to  assume  authority,  not 
clearly  given  to  the  executive  officer  of  the  republic.  In- 
stead of  making  the  Constitution  and  the  laws  the  only 
rule  of  action,  they  claimed  a  right  to  exercise  their  discre- 
tion, in  many  cases;  and;  under  the  pretence  of  promoting 
the  public  welfare  and  prosperity,  which  was  indicated,  as 
they  professed  to  believe,  by  popular  opinions  expressed  in 
a  moment  of  great  excitement,  they  acted  without  lawful 
authority,  and  without  the  previous  sanction  of  the  legisla- 
ture. Because  the  executive  had  some  powers  given  it 
independent  of  the  legislative  or  judicial  departments, 
they  contended  for  a  right  to  act  according  to  their  own 
individual  judgment ;  professing,  indeed,  at  the  same  time, 
a  sole  regard  to  the  rights  and  welfare  of  the  people.  But 
this  is  a  dangerous  principle,  however  pure  may  be  the 
motives  by  which  the  measures  have  been  adopted.  No 
people  are  secure  in  their  rights,  without  rule  and  law. — 
And  in  this  chiefly,  consists  the  difference  between  a  repub- 
lic, resting  on  a  Constitution  approved  by  the  people,  and  a 
government  administered  according  to  the  discretion  and 
will  of  a  chief;  between  a  well  regulated  community,  and 
a  discretionary  or  arbitrary  dynasty. 

General  Jackson  was  more  independent  and  more  daring 
in  his  character,  than  Mr.  Jefferson  ;  and  therefore,  at  times, 
the  more  arbitrary,  and  the  more  dangerous  as  the  chief 
magistrate  of  a  republic.  Julius  Csesar  professed  to  seek 
the  welfare  and  glory  of  the  Roman  republic ;  and  Napoleon 
Buonaparte,  the  liberty  and  prosperity  of  France  :  but  both 
were  arbitrary,  and  their  conduct  tyrannical ;  and  therefore 
injurious  to  the  liberties  and  happiness  of  the  people  of  their 
respective  countries. 

It  is  not  necessary  to  suppose  that  either  of  these  eminent 
men  were  uncommonly  selfish  and  ambitious,  nor  to  assert 
that  they  were  destitute  of  patriotic  sentiments.  But  such 
was  their  pride  of  opinion,  or  their  self-estimation,  or  their  er- 
roneous theory  of  a  republican  government,  that  they  some- 


1836]  Jackson.  433 

times  assumed  power  exceeding  constitutional  grants,  which 
is  never  to  be  justified,  and  always  leads  to  despotism,  in 
some  form.  The  greatest  men  are  subject  to  prejudice,  and 
liable  to  be  betrayed  by  personal  feelings;  and  it  is  always 
just  cause  of  alarm  to  the  friends  of  a  stable  government, 
when  the  rulers  disregard  the  constitutional  provisions  made 
for  the  preservation  of  the  rights  and  welfare  of  the  people, 
and  substitute  their  own  will  as  a  guide  for  their  public 
conduct. 

The  conduct  of  President  Jackson  was  not,  in  all  respects, 
so  favorable  to  the  hopes  of  those  who  had  been  sanguine  in 
their  belief  of  the  perpetuity  of  the  republic,  as  that  of  his 
two  immediate  predecessors.  Of  the  others,  it  is  not  neces- 
sary here  to  speak.  They  made  the  Constitution  a  guide 
in  their  practice  as  well  as  in  their  professions ;  and  assumed 
little  or  no  powers,  not  clearly  vested  in  the  chief  magistrate 
of  the  Union.  In  monarchies,  the  reigning  prince  has  high 
discretionary  powers.  The  exercise  of  the  royal  prerogative 
is  often  carried  to  a  great  extent ;  and  thus  the  rights  of  the 
subjects  are  liable  to  be  violated  by  the  mere  will  of  the 
king.  In  a  republic,  it  is  at  least  theoretically  otherwise. 
Where  the  discretion  of  the  magistrate  is  the  rule  and  meas- 
ure of  his  official  acts,  however  patriotic  are  his  purposes, 
equal  and  impartial  justice  cannot  be  expected.  He  is  not 
infallible,  and  may  err  in  his  judgment.  He  is  subject  to 
like  passions  and  prejudices,  as  other  men,  and  will  prob- 
ably act  from  partial  and  improper  feelings.  From  this 
source,  there  is  always  great  danger  to  a  republican  gov- 
ernment. The  people  must  check  all  usurpation,  and  all 
arbitrary  assumption  of  power  in  their  rulers,  or  their  liber- 
ties will  be  temporary  and  evanescent.  If  several  successive 
chief  magistrates  of  the  Union  are  arbitrary  in  administering 
the  government,  and  repeatedly  transcend  or  disregard  the 
provisions  of  the  Constitution,  many  generations  will  not 
have  passed,  before  their  civil  freedom  will  be  lost  beyond 
recovery,  and  the  people  subject  to  as  despotic  rule  as  that  of 
Cassar,  or  Napoleon,  or  the  Autocrat  of  Russia.  Unless  the 
Constitution  be  the  guide,  the  government  of  the  United 
States,  once  highly  blest,  will  be  that  of  misrule  and  des- 
potism. 

55 


434  FEDERAL  GOVERNMENT.  [1837 


CHAPTER  XV. 

Martin  Van  Buren  chosen  President.  His  public  Character — His  Political 
Views  similar  to  those  of  his  Predecessors  :  Pursues  similar  Measures  re- 
specting Banks  and  the  Currency.  An  extra  Session  of  Congress.  His  opin- 
ion that  the  Government  is  not  bound  to  interfere  for  the  Relief  of  the  People 
on  account  of  the  Distresses  in  Trade.  Treasury  Notes  issued.  Part  of  the 
Sum  previously  ordered  to  be  distributed  among  the  States,  withheld. 
Florida  War  very  expensive,  and  long  protracted.     Closing  Remarks. 

Martin  Van  Buren,  of  the  State  of  New  York,  who  had 
been  four  years  Vice  President,  was  elected  the  chief  mag- 
istrate of  the  United  States  in  1837.  He  had  then  been  many 
years  in  public  life,  and  held  several  high  offices,  in  his  native 
State,  and  in  the  federal  government.  His  talents,  as  a 
statesman,  were  acknowledged  by  all;  and  experience  had 
made  him  familiar  with  political  subjects,  and  the  public 
affairs  of  the  nation.  As  a  literary  man,  and  as  a  civil 
magistrate,  he  is  believed  to  be  superior  to  his  immediate  pre- 
decessor. But  in  the  opinion  of  those  long  associated  with 
him  in  public  life,  or  who  had  observed  his  political  course, 
he  was  supposed  to  possess  a  spirit  of  unbounded  ambition ; 
and  uncommon  talents  for  intrigue  to  minister  to  his  ruling 
passion.  A  political  character  should  not,  indeed,  be  too 
severely  censured  for  being  ambitious;  and  there  are  few 
politicians  who  would  not  be  liable  to  the  charge.  It  is 
difficult  also,  in  all  cases,  to  decide  what  individual  resorts 
most  to  intrigue,  that  he  may  rise;  or  whose  intrigues  are 
the  most  dishonorable  and  reprehensible.  It  is  only  the  acts 
and  measures  of  politicians  or  rulers,  that  require  the  cog- 
nizance, and  warrant  the  judgment  of  their  fellow  men.  It 
may  be  safely  said  of  Mr.  Van  Buren,  that  he  did  not  excel 
some  other  citizens  of  the  republic,  in  talents,  services,  or 
experience,  when  he  was  elected  President  of  the  United 
States.  What  chiefly  procured  the  voice  of  the  people  in 
his  favor,  was  the  station  he  had  held  as  Vice  President, 
and  his  publicly  avowed  resolution  to  pursue  the  policy  of 
General  Jackson,  with  whom  he  had  been  long  associated 
in  administering  the  government ;  and  most  of  whose 
measures  he  probably  had  proposed.  General  Jackson  had 
a  strong  hold  on  the  confidence  of  the  people,  during  the 


1837]  van  buren.  435 

greater  part  of  his  presidency ;  for  it  was  believed  he  was 
sincere  and  patriotic,  though  he  failed  to  introduce  any  re- 
form, as  to  the  expenses  of  the  government,  as  he  and  his 
friends  had  promised  ;  and  his  policy,  so  far  as  it  was  new, 
had  produced,  or  not  prevented,  great  public  embarrassment 
and  distress. 

While  a  candidate  for  the  office  of  chief  magistrate,  and 
after  he  ascended  the  chair  of  State,  Mr.  Van  Buren  de- 
clared that  his  policy  and  measures  would  be  identical  with 
those  of  his  predecessor,  and  that  his  purpose  was  "  to  fol- 
low in  the  footsteps"  of  the  man  whom  he  professed  so 
highly  to  venerate  and  admire.  It  had  been  hoped,  that 
such  professions  were  early  made,  in  part,  for  the  sake  of 
reaching  the  high  goal  before  him;  but,  being  in  some 
degree  a  practical  man,  sensible  of  the  advantages  of  com- 
merce, and  therefore  in  favor  of  the  credit  system,  and  of 
banks,  which  he  had  not  formerly  opposed,  that  he  would 
gradually  return  to  the  policy  of  Mr.  Adams,  and  Mr.  Mon- 
roe. President  Van  Buren,  however,  denounced  the  banks, 
and  represented  them  as  the  cause  of  all  the  evils  and  dis- 
tress in  the  country.  So  far  as  the  general  government  had 
the  power,  he  endeavored  to  depreciate  these  institutions. 
A  specie  currency,  it  was  also  his  avowed  object  to  intro- 
duce ;  especially,  in  all  concerns  relating  to  the  government. 
And  he  repeatedly  declared  it  to  be  his  purpose  to  separate 
the  government  from  the  people,  and  to  provide  exclusively 
for  the  financial  prosperity  of  the  former ;  implying,  that 
in  his  opinion,  the  welfare  and  protection  of  the  latter,  as  to 
their  trade  and  monetary  affairs,  were  not  objects  of  the 
attention  and  concern  of  the  national  rulers. 

This  doctrine  does  not  appear  very  consistent  with  the 
spirit  and  letter  of  the  Constitution,  by  which  the  general 
government  was  instituted  ;  being  to  preserve  the  welfare 
and  to  promote  the  prosperity  of  the  people ;  and  giving 
power  to  it  to  regulate  the  currency  of  the  country.  There 
is  evidently,  thenj  a  power  for  regulating  banking  com- 
panies, and  by  evident  implication  for  incorporating  them; 
and  if  they  have  been  found  for  the  public  benefit,  when 
wisely  managed,  a  duty  devolves  on  the  government  of  the 
Union  to  give  them  support,  while  care  is  taken  to  provide 
for  their  due  regulation.  Mr.  Madison  and  Mr.  Monroe 
believed  a  national  bank  would  be  of  extensive  benefit, 
both  to  the  people  and  the  government.  General  Jackson 
supposed  such  a  bank  to  be  injurious  to  the  country,  rather 
than  promotive  of  its  prosperity  :  and,  entertaining  this  opin- 
ion, he  was  consistent  in  his  opposition  to  it.     But  it  is  dif- 


436  FEDERAL  GOVERNMENT.  [1837 

ficult  to  perceive  either  consistency  or  patriotism  in  those 
who  refuse  to  provide  relief  for  the  people,  or  deny  the  duty 
of  the  government  to  find  a  substitute  for  an  institution, 
which  had  proved  instrumental  in  promoting  the  prosperity 
of  the  nation. 

Within  two  years  from  the  discontinuance  of  the  bank  of 
the  United  States,  although  the  public  debt  had  been  paid, 
the  administration  found  it  necessary  to  resort  to  large  loans, 
to  meet  the  ordinary  expenses  of  the  government,  owing  to 
the  embarrassments  in  trade,  and  the  consequent  diminution 
of  the  revenue.  The  suspension  of  the  charter  of  the 
United  States  Bank  was,  in  a  great  degree,  the  cause  of  this 
depression  of  the  spirit  of  enterprise,  and  of  extensive  suf- 
fering among  the  trading  classes.  There  had,  indeed,  been 
great  importations  of  foreign  goods  in  1836,  beyond  prudent 
and  reasonable  calculations ;  but  the  evils  resulting  from 
overtrading  could  not  have  at  once  produced  such  deep  and 
extensive  suffering.  There  would  not  have  been  a  shock 
so  sudden  and  overwhelming,  had  the  bank  of  the  United 
States  been  then  in  operation.  It  would  have  afforded  fa- 
cilities to  the  merchants  and  others,  preserved  confidence 
among  the  citizens,  and  kept  up  a  course  of  exchange  be- 
tween different  sections  of  the  country.  One  great  ostensi- 
ble object  for  discontinuing  the  national  bank  was,  to  put 
an  end  to  the  circulation  of  paper  bills,  and  to  prepare  for 
currency  in  gold  and  silver.  But  this  was  not  the  effect, 
to  any  perceptible  extent,  of  closing  that  institution.  State 
banks  were  immediately  increased,  with  the  view  of  making 
them  a  remedy,  or  substitute  for  the  bank  of  the  United 
States.  But  it  was  found  impossible  to  obtain  circulation 
for  them  in  places  or  States  distant  from  their  location  ;  and 
many  of  them  had  not  sufficient  capital  to  support  their 
credit  in  a  season  of  pressure  among  the  merchants. 

As  a  large  portion  of  the  citizens  of  the  United  States  are 
merchants  or  traders,  banks  have  justly  been  considered,  in 
some  measure,  necessary ;  they  have  certainly  proved 
highly  auspicious  to  the  prosperity  and  advancement  of  the 
country.  Every  State  in  the  Union  has  had  incorporated 
banking  companies,  with  a  view  to  general  benefit ;  and 
no  practical  men  denied  their  utility,  when  duly  organized 
and  conducted.  And  some  few  cases  of  error  or  abuse  is 
far  from  justifying  a  general  condemnation  of  them.  But 
State  banks  are  designed  chiefly  for  the  benefit  and  con- 
venience of  the  citizens  of  such  State.  They  are  a  part  of 
its  internal  police,  and  are  enacted  for  a  limited  circulation, 
rather  than  for  a  currency  in  all  the  other  States  of  the 


1837]  VAN  BUREN.  437 

Union.  And  therefore  a  national  bank  is  demanded,  for 
more  extensive  utility  and  accommodation.  This  is  also 
in  strict  analogy  with  the  nature  of  the  government  of  the 
separate  States,  and  of  the  United  States.  Before  the 
Union  was  formed  and  established,  by  the  organization  of 
the  federal  government,  under  the  present  Constitution, 
the  individual  States  were  strictly  independent  and  sove- 
reign. They  had  acted  in  concert;  but  the  Continental 
Congress  had  no  power  to  enforce  their  requisitions.  And 
after  the  federal  government  was  established,  the  several 
States  had  all  their  former  power,  except  what  they  vested 
in  the  new  Congress  for  national  or  general  purposes. 
They  had  issued  paper  money  and  established  banks  ;  and 
they  continued  to  incorporate  them  afterwards,  though  they 
were  prohibited  issuing  bills  in  the  name  of  the  State.  The 
federal  government  did  not  attempt  to  prevent  these  meas- 
ures. And  yet  it  has  been  sometimes  asserted  they  had 
constitutional  power  to  do  it ;  and  that  it  would  have  been 
more  for  the  stability  of  the  currency  of  the  country,  if 
they  had  exerted  such  authority.  But  precedent  has  sanc- 
tioned the  State  banks.  And  yet,  for  the  purposes  of  a 
general  and  stable  currency,  throughout  the  Union,  as  free 
as  such  institutions  can  be,  from  fluctuations  in  financial 
concerns  and  proceedings,  a  national  bank  was  demanded 
both  by  the  wise  statesmen,  and  the  traders  and  merchants 
in  1791.  Its  operations  were  found  useful,  and  tended  di- 
rectly to  a  great  degree  of  prosperity,  in  various  respects. 
Mr.  Madison  was  so  fully  persuaded  of  its  utility,  that, 
while  he  had  some  constitutional  objections  to  instituting 
a  bank  by  the  federal  government,  he  was  induced  to  ap- 
prove of  it. 

But  President  Jackson,  considered  it  proper  to  suppress 
it;  and  his  successor,  either  believing  him  infallible,  or  his 
popularity  sufficiently  strong  to  maintain  all  his  measures, 
and  even  to  give  great  influence  to  any  one  who  should 
follow  them,  pursued  a  hostile  course  against  banks,  both 
national  and  State  ;  and  directed  all  his  official  efforts  to 
introduce  a  metallic  currency. 

Early  in  the  year  1837,  an  uncommon  measure  of  em- 
barrassment and  suffering  was  experienced  in  all  parts  of 
the  Union  ;  and  continued  through  the  year.  Overtrading, 
or  the  unusual  amount  of  importations,  was  one  cause,  to 
which  this  unprosperous  state  of  the  country  was  imputed. 
But  it  was  also  attributed  to  the  discontinuance  of  the  na- 
tional bank,  and  to  the  repeated  attempts  of  the  adminis- 
tration to  destroy  its  influence.     As  the  bank  had,  accord- 


438  FEDERAL  GOVERNMENT.  [1837 

ingto  the  opinion  of  all  practical  men,  and  of  all  engaged  in 
mercantile  pursuits,  been  highly  favorable  to  the  credit 
system,  and  to  honorable  enterprise  tending  to  the  general 
prosperity,  and  not  of  any  injury  to  the  government  which 
could  be  shown  ;  so  its  termination,  by  act  of  Congress, 
was  justly  considered  of  the  greatest  and  most  extensive 
influence  in  causing  the  evils  witnessed  at  this  period.  And 
as  the  policy  and  measures  of  the  federal  government  were 
believed  to  have  produced  or  augmented  the  public  distress, 
it  was  a  rational  conclusion,  that  it  might  afford  some  re- 
lief. Several  petitions  from  different  commercial  towns  and 
cities,  with  very  numerous  subscribers,  were  presented  to 
the  President,  requesting  that  he  would  summons  a  meeting 
of  Congress  at  a  more  early  day  than  that  on  which  it  had 
been  usual  to  assemble.  The  President  delayed  sometime 
to  act  on  the  petitions  ;  but  the  distress  increasing,  and 
other  petitions  being  addressed  to  him,  he  issued  a  procla- 
mation for  convening  the  national  legislature  in  the  month 
of  September. 

In  his  message  to  Congress,  however,  at  this  time,  he 
gave  no  hope  to  the  people  of  receiving  any  relief  from  the 
government.  He  distinctly  expressed  the  opinion,  that  the 
national  legislature  could  do  nothing  to  mitigate  the  evils 
which  existed  ;  that  it  was  not  the  duty  or  design  of  the 
federal  government  to  interfere  in  such  cases ;  that  the 
embarrassments  complained  of  arose  from  the  unwise  con- 
duct of  the  trading  part  of  the  community;  and  that  they 
only  could  supply  a  remedy,  by  a  more  prudent  and  limited 
course  of  enterprise  and  trade.  And  he  distinctly  advanced 
the  strange  doctrine,  that  all  the  government  could  do,  or 
was  designed  to  do,  was  to  take  care  of  itself:  to  pay  in- 
deed the  public  debts,  and  discharge  the  usual  expenses 
which  occurred  ;  but  that  it  might  not  justly  be  expected  to 
legislate  with  reference  to  the  monetary  concerns  of  the 
country,  for  the  benefit  of  any  class  or  classes  of  the  people. 
This  was  correct  only  in  part ;  as  it  could  not  be  demanded 
of  the  government  in  all  cases,  to  prevent  reverses  in 
business,  always  owing  in  some  measure  to  the  mistakes  or 
imprudence  of  individuals  ;  but  as  it  had  destroyed  one  im- 
portant means  of  benefit  and  facility  to  the  merchants,  and 
through  them  to  all  other  classes  of  citizens  ;  and  the  exist- 
ing evils  might  be  referred  in  part  to  that  measure,  there 
was  a  propriety  in  applying  to  the  federal  government  for 
relief  under  their  sufferings.  Congress,  it  was  admitted, 
had  the  power  to  regulate  the  currency,  and  the  federal 
government  was  designed  to  protect  the  commerce  of  the 


1837]  VAN  BUREN.  439 

country  ;  it  was  therefore  believed  it  had  sufficient  author- 
ity to  legislate,  by  uniform  acts,  with  a  view  to  support  the 
credit  system,  and  to  establish  means,  by  a  national  bank, 
for  general  relief.  But  the  principal  act  of  this  extra  ses- 
sion was  that  for  authorizing  the  issue  of  treasury  notes,  to 
the  amount  of  ten  millions  of  dollars,  for  the  immediate 
wants  of  the  government.  This  was  no  other  than  a  loan, 
except  in  name ;  which  it  was  probably  a  wish  to  avoid ; 
and  yet  power  was  given  to  the  Secretary  of  the  Treasury 
to  borrow,  if  he  should  find  it  necessary.  The  notes  were 
made  negotiable ;  and  thus  became  in  fact  merely  paper 
money  ;  with  no  better  credit,  for  there  was  no  greater  cap- 
ital or  certainty  of  payment,  than  there  had  been  in  the 
national  bank.  The  like  amount  of  treasury  notes  was  au- 
thorized in  1838,  and  again  in  1839  :  but  a  part  of  former 
issues  had  then  been  redeemed.* 

The  law  of  June,  1836,  providing  for  the  distribution  of 
the  surplus  funds  of  the  government,  to  and  among  the 
several  States,  was  suspended  in  October,  1837 ;  after  three- 
fourths  of  the  same  had  been  transferred  to  the  States,  in 
pursuance  of  the  former  act. 

When  the  national  funds  were  withdrawn  from  the  bank 
of  the  United  States,  they  were  deposited  in  various  State 
banks  in  most  of  the  large  and  populous  cities  of  the  Union. 
But  this  proved  unfortunate  to  the  fiscal  concerns  of  the 
government.  Some  of  these  deposite  banks  were  impru- 
dently managed,  though  under  the  sole  direction  of  political 
friends  of  the  administration;  and  large  sums  were  thus 
entirely  lost  to  the  treasury.  Had  all  the  State  banks  been 
selected  by  the  treasury  department  for  their  ability  and 
faithful  and  prudent  direction,  and  not  for  party  purposes, 
to  oblige  its  supporters,  there  would  have  been  no  reason  to 
regret  such  deposites  of  the  public  funds.  In  the  absence 
of  a  national  bank,  State  banks,  properly  located  and 
chosen  with  proper  discrimination,  have  proved  of  great 
facility  and  advantage,  both  to  the  government  and  the 
people. 

The  administration  of  President  Yan  Buren  has  been 
chiefly  distinguished  for  proposing  and  urging  the  sub- 
treasury  system.  The  plan  was  suggested  by  his  prede- 
cessor, when  meditating  the  discontinuance  of  the  national 
bank  ;  and  the  course  he  pursued,  in  directing  the  Secretary 
of  the  Treasury  to  withdraw  the  public  funds  from  that  in- 

*  Twenty  thousand  dollars  were  allowed  to  meet  the  expenses  of  issuing 
these  notes  from  the  treasury. 


440  FEDERAL  GOVERNMENT.  [1837 

stitution,  to  take  them  into  his  own  possession,  and  place 
them  for  safe  keeping,  in  such  other  banks  as  he  might  se- 
lect ;  thus  assuming,  as  the  executive  officer  of  the  govern- 
ment, the  control  and  disposition  of  them;  was  the  origin, 
and  the  first  practical  operation  of  the  system  of  a  sub- 
treasury.  Congress  have  as  yet,  indeed,  the  sole  right  to 
vote  money,  and  to  direct  as  to  the  objects  for  which  it  is 
appropriated:  but  as  to  its  keeping,  whether  in  banks 
known  to  be  safe,  or  in  any  other  specific  manner  or  way,  it  is 
entirely  under  the  control  of  the  Secretary  of  the  Treasury  ; 
and  he  again  is  the  servant  of  the  President ;  and  not  of  Con- 
gress nor  of  the  people.  A  door  is  thus  opened  for  favor- 
itism, for  partiality  to  political  friends,  in  the  appointment 
of  receivers  and  keepers  of  the  national  funds.  And  when 
the  prejudices  and  passions  of  men  are  remembered,  such  a 
system  will  be,  as  in  many  cases  it  has  already  been,  at- 
tended with  great  misapplication,  detention,  and  loss  of  the 
people's  money.  A  Secretary  of  the  Treasury  may  be  per- 
fectly honest,  and  yet  from  mistaken  lenity  or  political 
friendship,  may  permit  delays  and  delinquencies  highly  im- 
proper in  a  public  officer,  and  injurious  to  the  interests  of 
the  government. 

Political  partiality  in  appointments  to  office,  was  mani- 
fested under  President  Van  Buren  to  as  great  an  extent  as 
during  the  administration  of  General  Jackson.  Not  a  very 
large  number  were  removed  ;  for  the  offices  of  government 
were  generally  held  by  the  friends  of  his  predecessor.  But 
when  the  term  fixed  by  law  for  a  commission  to  run,  if  the 
incumbent  was  discovered  to  be  in  any  way  opposed  to  the 
policy  of  the  administration,  or  to  relax  at  all  in  his  zeal  or 
his  efforts  to  support  the  candidates  of  the  party,  he  was 
dismissed  at  the  expiration  of  his  first  commission. 

This  partial  and  exclusive  policy  was  indeed  adopted 
by  one  of  his  predecessors,  in  an  early  period  of  the  federal 
government ;  but  it  was  very  generally  condemned  as  im- 
proper ;  the  hope  of  office  being  thus  held  out  to  unprinci- 
pled men  to  attach  themselves  to  the  reigning  administra- 
tion. It  was  now  more  alarming  and  more  reprehensible, 
as  it  was  expressly  declared  by  a  prominent  friend  of  Pres- 
ident Jackson  and  President  Van  Buren,  "  that  the  spoils  of 
office  belonged  to  the  victors" 

The  war  in  Florida  was  continued  during  the  adminis- 
tration of  President  Van  Buren ;  and  very  large  sums,  ex- 
pended in  maintaining  it :  During  the  year  1836,  one  mil- 
lion and  a  half  of  dollars  were  appropriated  to  prosecute 
that  unfortunate  contest.     In  January,  1837,  two  millions 


1837J  VAN  BUREN.  441 

more  were  voted  for  the  purpose  :  Both  of  which  were 
before  the  retirement  of  General  Jackson.  At  the  extra 
session  in  October,  1837,  a  large  amount  was  again  appro- 
priated ;  and  in  1838,  the  expenses  for  supporting  an  army 
in  that  quarter,  against  the  Indians,  were  to  as  great  an 
amount  as  in  either  of  the  two  preceding  years.  When 
the  difficulty  arose  with  these  Indians,  President  Jackson 
supposed  that  it  would  soon  be  terminated.  And  no  one, 
at  that  time,  had  any  reason  to  suppose  it  would  con- 
tinue for  years,  and  have  cost  the  government  eight  or 
ten  millions.  Other  measures  than  those  of  force,  would 
probably  have  terminated  the  difficulty  at  an  early  period. 
It  would  certainly  have  saved  many  valuable  lives,  now 
lost  to  the  country  ;  and  been  far  more  satisfactory  to  the 
friends  of  humanity  throughout  the  Union. 

Although  generally  opposed  to  the  policy  of  internal  im- 
provements, at  the  expense  of  the  federal  government,  large 
sums  were  expended  for  repairs  on  the  Cumberland  road, 
and  for  its  continuance  through  the  States  of  Indiana  and 
Illinois.  But  this  was  an  object  of  great  national  benefit, 
by  opening  a  way  from  the  Atlantic  to  the  interior  of  the 
Union  ;  and  the  work  had  originated  with  Congress  several 
years  before.  The  friends  of  the  administration,  who  were 
also  advocate  of  State  rights,  believed  there  was  no  incon- 
sistency in  this  conduct.  Large  appropriations  were  also 
made  in  1836,  and  in  1837,  for  lighthouses,  lifeboats, 
buoys,  and  monuments,  for  the  benefit  of  navigation;  but 
for  these  purposes  there  was  always  far  more  agreement 
among  the  different  parties  in  Congress. 

The  public  expenses  continued,  almost  invariably,  to  in- 
crease, from  the  year  1829  to  1838.  Public  agents  were 
multiplied,  and  an  increased  compensation,  in  many  cases, 
were  allowed  them  for  their  services.  And  large  sums 
were  lost  by  the  improper  appropriation  of  monies  put  into 
the  hands  of  the  federal  officers.  There  was  often  a  pre- 
tence for  charging  for  extra  service,  and  thus  obtaining 
more  than  was  clearly  allowed  by  law.  The  expenses  of 
the  public  printing  for  Congress,  and  for  the  departments 
under  the  executive,  were  among  those  in  which  great 
sums  were  expended;  and  it  was  found  that  frequently  the 
business  could  have  been  performed  at  ten  or  twenty 
per  cent,  less  than  was  given.  And  this  conduct  could 
justly  deserve  no  other  name  than  corruption,  or  a  gross 
abuse  of  the  patronage  of  the  government,  for  party  pur- 
poses. 

The  full  results  of  the  peculiar  and  experimental  policy 
56 


442  FEDERAL  GOVERNMENT.  [1838 

of  President  Jackson  and  President  Yan  Bnren,  respecting 
banks  and  the  currency,  in  their  influence  on  the  condition 
of  the  country,  for  good  or  for  evil,  for  succeeding  years, 
cannot  be  correctly  estimated.  The  immediate  conse- 
quences were  a  general  disturbance  of  the  trade  and  mon- 
etary affairs  of  the  nation,  and  an  unprecedented  check  to 
the  accustomed  pursuits  of  a  people,  so  enterprizing  in  their 
spirit  and  so  desirous  of  improving  their  condition,  as  are 
the  citizens  of  the  United  States.  The  Sub-treasury 
scheme  also  gave  alarm  to  the  friends  of  the  Constitution, 
generally,  and  to  men  of  settled  republican  sentiments, 
who  perceived  in  it  a  deviation  from  the  essential  elements 
of  liberty  recognized  in  the  Constitution,  and  a  weakening 
of  the  responsibility  of  public  agents,  who  should  always 
be  controlled  by  the  authority  of  law.  They  knew  that 
power  was  corrupting;  that  it  was  necessary  to  impose 
checks  on  those  who  were  clothed  with  political  authority, 
and  to  make  them  constantly  amenable  to  their  constitu- 
ents. The  developments  and  effects  of  this  fearful  experi- 
ment must  be  left  for  narration  to  a  distant  day.  The  only 
just  hope  of  the  perpetuity  and  future  purity  of  the  republic, 
rests  on  the  intelligence  and  virtue  of  the  people ;  and  on 
their  wisdom  in  the  choice  of  men  for  places  of  public 
trust;  who,  like  Washington,  shall  make  the  Constitution 
their  guide  ;  and,  under  the  controlling  influence  of  its  doc- 
trines and  requisitions,  shall  seek  to  preserve  the  integrity 
of  the  Union,  and  the  rights  and  welfare  of  individuals. 


APPENDIX 


Extracts  from  the  Speeches  of  Mr.  Webster,  a  Senator 
from  Massachusetts,  and  of  Mr.  Hayne,  of  South  Carolina, 
January,  1830,  on  the  subject  of  State  Rights,  and  of  the 
powers  of  the  Federal  Government,  are  deemed  of  such 
superior  importance,  and  of  such  general  interest,  that  they 
are  here  given. 

Mr.  Webster.  There  remains  to  be  performed,  by  far  the 
most  grave  and  important  duty,  which  I  feel  to  be  devolved 
on  me,  by  this  occasion.  It  is  to  state,  and  to  defend,  what  I 
conceive  to  be  the  true  principles  of  the  Constitution  under 
which  we  are  here  assembled.     *     *     # 

I  undestand  the  honorable  gentleman  from  South  Carolina, 
[Mr.  Hayne,]  to  maintain  that  it  is  a  right  of  the  State  legisla- 
tures to  interfere,  whenever,  in  their  judgment,  this  government 
transcends  its  constitutional  limits,  and  to  arrest  the  operation  of 
its  laws. 

I  understand  him  to  maintain  this  right,  as  a  right  existing 
under  the  Constitution;  not  as  a  right  to  overthrow  it,  on  the 
ground  of  extreme  necessity,  such  as  would  justify  violent  revo- 
lution. 

I  understand  him  to  maintain  an  authority,  on  the  part  of  the 
States,  thus  to  interfere,  for  the  purpose  of  correcting  the  exer- 
cise of  power  by  the  general  government,  of  checking  it,  and 
of  compelling  it  to  conform  to  their  opinion  of  the  extent  of  its 
powers. 

I  understand  him  to  maintain  that  the  ultimate  power  of  judg- 
ing of  the  constitutional  extent  of  its  own  authority,  is  not  lodged 
exclusively  in  the  general  government,  or  any  branch  of  it;  but, 
that,  on  the  contrary,  the  States  may  lawfully  decide  for  them- 
selves, and  each  State  for  itself,  whether,  in  a  given  case,  the  act 
of  the  general  government  transcends  its  power. 

I  understand  him  to  insist,  that  if  the  exigency  of  the  case,  in 
the  opinion  of  any  State  government,  require  it,  such  State  gov- 
ernment may,  by  its  own  sovereign  authority,  annul  an  act  of 
the  general  government,  which  it  deems  plainly  and  palpably 
unconstitutional. 


444  APPENDIX. 

This  is  the  sum  of  what  I  understand  from  him  to  be  the  South 
Carolina  doctrine;  and  the  doctrine  which  he  maintains.  I  pro- 
pose to  consider  it,  and  to  compare  it  with  the  Constitution. 
Allow  me  to  say,  as  a  preliminary  remark,  that  I  call  this  the 
South  Carolina  doctrine,  only  because  the  gentleman  himself  has 
so  denominated  it.  I  do  not  feel  at  liberty  to  say  that  South 
Carolina,  as  a  State,  has  ever  advanced  these  sentiments.  I 
hope  she  has  not,  and  never  may.  That  a  great  majority  of  her 
people  are  opposed  to  the  Tariff  laws,  is  doubtless  true.  That 
a  majority,  somewhat  less  than  that  just  mentioned,  conscien- 
tiously believe  those  laws  unconstitutional,  may  probably  also 
be  true.  But  that  any  majority  holds  to  the  right  of  direct  State 
interference,  at  State  discretion,  the  right  of  nullifying  acts  of 
Congress,  by  acts  of  State  legislation,  is  more  than  1  know,  and 
what  I  shall  be  slow  to  believe. 

That  there  are  individuals,  besides  the  honorable  gentleman, 
who  do  maintain  these  opinions,  is  quite  certain.  I  recollect  the 
recent  expression  of  a  sentiment,  which  circumstances  attending 
its  utterance  and  publication,  justify  us  in  supposing  was  not 
unpremeditated.  "  The  sovereignty  of  the  State — never  to  be 
controlled,  construed,  or  decided  on,  but  by  her  own  feelings  of 
honorable  justice." 

[Mr.  Hayne  here  rose,  and  said,  that  for  the  purpose  of  being 
clearly  understood,  he  would  state,  that  his  proposition  was  in 
the  words  of  the  Virginia  resolution,  as  follows: — 

"That  this  assembly  doth  explicitly  and  peremptorily  declare, 
that  it  views  the  powers  of  the  federal  government,  as  resulting 
from  the  compact,  to  which  the  States  are  parties,  as  limited  by 
the  plain  sense  and  intention  of  the  instrument  constituting  that 
compact,  as  no  farther  valid  than  they  are  authorized  by  the 
grants  enumerated  in  that  compact:  and  that  in  case  of  a  delib- 
erate, palpable,  and  dangerous  exercise  of  other  powers,  not 
granted  by  the  said  compact,  the  States  who  are  parties  thereto 
have  the  right,  and  are  in  duty  bound  to  interpose,  for  arresting 
the  progress  of  the  evil,  and  for  maintaining,  within  their  respec- 
tive limits,  the  authorities,  rights,  and  liberties  appertaining  to 
them."] 

Mr.  Webster  resumed — I  am  quite  aware  of  the  existence  of 
the  resolution  which  the  gentleman  read,  and  has  now  repeated, 
and  that  he  relies  on  it  as  his  authority.  I  know  the  source, 
too,  from  which  it  is  understood  to  have  proceeded.  I  need  not 
say  that  1  have  much  respect  for  the  constitutional  opinions  of 
Mr.  Madison;  they  would  weigh  greatly  with  me,  always.  But, 
before  the  authority  of  his  opinion  be  vouched  for  the  gentle- 
man's proposition,  it  will  be  proper  to  consider  what  is  the  fair 
interpretation  of  that  resolution,  to  which  Mr.  Madison  is  under- 
stood to  have  given  his  sanction.  As  the  gentleman  construes 
it,  it  is  an  authority  for  him.  Possibly,  he  may  not  have  adopted 
the  right  construction.     That   resolution  declares,  that,  in  the 


APPENDIX.  445 

case  of  the  dangerous  exercise  of  powers  not  granted,  by  the  gen- 
eral government,  the  States  may  interpose  to  arrest  the  progress  of 
the  evil  But  how  interpose,  and  what  does  this  declaration  pur- 
port ? — Does  it  mean  no  more,  than  that  there  may  be  extreme 
cases,  in  which  the  People,  in  any  mode  of  assembling,  may 
resist  usurpation,  and  relieve  themselves  from  a  tyrannical  gov- 
ernment? No  one  will  deny  this.  Such  resistance  is  not  only 
acknowledged  to  be  just  in  America,  but  in  England,  also :  Black- 
stone  admits  as  much,  in  the  theory,  and  practice,  too,  of  the 
English  Constitution.  We,  sir,  who  oppose  the  Carolina  doc- 
trine, do  not  deny  that  the  people  may,  if  they  choose,  throw  off 
any  government,  when  it  becomes  oppressive  and  intolerable, 
and  erect  a  better  in  its  stead.  We  all  know  that  civil  institu- 
tions are  established  for  the  public  benefit,  and  that  when  they 
cease  to  answer  the  ends  of  their  existence,  they  may  be  changed. 
But  I  do  not  understand  the  doctrine  now  contended  for  to  be 
that  which,  for  the  sake  of  distinctness,  we  may  call  the  right  of 
revolution.  1  understand  the  gentleman  to  maintain,  that,  with- 
out revolution,  without  civil  commotion,  without  rebellion,  a 
remedy  for  supposed  abuse  and  transgression  of  the  powers  of 
the  general  government  lies  in  a  direct  appeal  to  the  interference 
of  the  State  governnents.  [Mr.  Hayne  here  rose:  He  did  not 
contend,  he  said,  for  the  mere  right  of  revolution,  but  for  the 
right  of  constitutional  resistance.  What  he  maintained,  was, 
that,  in  case  of  plain,  palpable  violation  of  the  Constitution,  by 
the  general  government,  a  State  may  interpose;  and  that  this 
interposition  is  constitutional.]  Mr.  Webster  resumed:  So, 
sir,  I  understood  the  gentleman,  and  am  happy  to  find  that  I  did 
not  misunderstand  him.  What  he  contends  for,  is,  that  it  is 
constitutional  to  interrupt  the  administration  of  the  Constitution 
itself,  in  the  hands  of  those  who  are  chosen  and  sworn  to  ad- 
minister it,  by  the  direct  interference,  in  form  of  law,  of  the 
States,  in  virtue  of  their  sovereign  capacity.  The  inherent 
right  in  the  people  to  reform  their  government,  I  do  not  deny; 
and  they  have  another  right,  and  that  is,  to  resist  unconstitu- 
tional laws,  without  overturning  the  government.  It  is  no  doc- 
trine of  mine,  that  unconstitutional  laws  bind  the  people.  The 
great  question  is,  whose  prerogative  is  it  to  decide  on  the  consti- 
tutionality or  unconstitutionality  of  the  laws  1  On  that,  the 
main  debate  hinges.  The  proposition,  that,  in  case  of  a  sup- 
posed violation  of  the  Constitution  by  Congress,  the  States  have 
a  constitutional  right  to  interfere,  and  annul  the  law  of  Congress, 
is  the  proposition  of  the  gentleman;  I  do  not  admit  it.  ]f  the 
gentleman  had  intended  no  more  than  to  assert  the  right  of  rev- 
olution, for  justifiable  cause,  he  would  have  said  only  what  all 
agree  to.  But  I  cannot  conceive  that  there  can  be  a  middle 
course  between  submission  to  the  laws,  when  regularly  pro- 
nounced constitutional,  on  the  one  hand,  and  open  resistance, 
which  is  revolution,  or  rebellion,  on  the  other.     I  say,  the  right 


446  APPENDIX. 

of  a  State  to  annul  a  law  of  Congress,  cannot  be  maintained,  but 
on  the  ground  of  the  unalienable  right  of  man  to  resist  oppres- 
sion; that  is  to  say,  upon  the  ground  of  revolution.  I  admit 
that  there  is  an  ultimate  violent  remedy,  above  the  Constitution, 
and  in  defiance  of  the  Constitution,  which  may  be  resorted  to, 
when  a  revolution  is  to  be  justified.  But  I  do  not  admit  that, 
under  the  Constitution,  and  in  conformity  with  it,  there  is  any 
mode,  in  which  a  State  government,  as  a  member  of  the  Union, 
can  interfere,  and  stop  the  progress  of  the  general  government, 
by  force  of  her  own  laws,  under  any  circumstances  what- 
ever. 

This  leads  us  to  inquire  into  the  origin  of  this  government,  and 
the  source  of  its  power.  Whose  agent  is  it?  Is  it  the  creature 
of  the  State  legislatures,  or  the  creature  of  the  people?  If  the 
government  of  the  United  States  be  the  agent  of  the  State  gov- 
ernments, then  they  may  control  it,  provided  they  can  agree  in 
the  manner  of  controlling  it ;  if  it  be  the  agent  of  the  people,  then 
the  people  alone  can  control  it,  restrain  it,  modify,  or  reform  it. 
It  is  observable  enough,  that  the  doctrine  for  which  the  honora- 
ble gentleman  contends,  leads  him  to  the  necessity  of  maintain- 
ing, not  only  that  this  general  government  is  the  creature  of  the 
States,  but  that  it  is  the  creater  of  each  of  the  States  severally; 
so  that  each  may  assert  the  power,  for  itself,  of  determining 
whether  it  acts  within  the  limits  of  its  authority.  It  is  the  ser- 
vant of  four  and  twenty  masters,  of  diffeient  wills  and  different 
purposes,  and  yet  bound  to  obey  all.  This  absurdity  (for  it 
seems  no  less)  arises  from  a  misconception  as  to  the  origin  of 
this  government  and  its  true  character.  It  is,  sir,  the  people's 
Constitution,  the  people's  government;  made  lor  the  people; 
made  by  the  people:  and  answerable  to  the  people.  The  people 
of  the  United  States  have  declared  that  this  Constitution  shall 
be  the  supreme  law.  We  must  either  admit  the  proposition,  or 
dispute  their  authority.  The  States  are,  unquestionably,  sove- 
reign, so  far  as  their  sovereignty  is  not  affected  by  this  supreme 
law.  But  the  State  legislatures,  as  political  bodies,  however 
sovereign,  are  yet  not  sovereign  over  the  people.  So  far  as  the 
people  have  given  power  to  the  general  government,  so  far  the 
grant  is  unquestionably  good,  and  the  government  holds  of  the 
people,  and  not  of  the  State  governments.  We  are  all  agents 
of  the  same  supreme  power,  the  people.  The  general  govern- 
ment and  the  State  governments  derive  their  authority  from  the 
same  source.  Neither  can,  in  relation  to  the  other,  be  called 
primary,  though  one  is  definite  and  restricted,  and  the  other  gen- 
eral and  residuary.  The  national  government  possesses  those 
powers  which  it  can  be  shown  the  people  have  conferred  on  it, 
and  no  more.  All  the  rest  belongs  to  the  State  governments  or 
to  the  people  themselves.  So  far  as  the  people  have  restrained 
State  sovereignty,  by  the  expression  of  their  will,  in  the  Consti- 
tution of  the  United  States,  so  far,  it  must  be  admitted,  State 


APPENDIX.  447 

sovereignty  is  effectually  controlled.  I  do  not  contend  that  it  is, 
or  ought  to  be,  controlled  farther.  The  sentiments  to  which  I 
have  referred,  propounds  that  State  sovereignty  is  only  to  be 
controlled  by  its  own  "feeling  of  justice;"  that  is  to  say,  it  is 
not  to  be  controlled  at  all:  for  one  who  is  to  follow  his  own  feel- 
ings is  under  no  legal  control.  Now,  however  men  may  think 
this  ought  to  be,  the  fact  is,  that  the  people  of  the  United  States 
have  chosen  to  impose  control  on  State  sovereignties.  There  are 
those,  doubtless,  who  wish  they  had  been  left  without  restraint; 
but  the  Constitution  has  ordered  the  matter  differently.  To 
make  war,  for  instance,  is  au  exercise  of  sovereignty;  but  the 
Constitution  declares  that  no  State  shall  make  war.  To  coin 
money,  is  another  exercise  of  sovereign  power;  but  no  State  is 
at  liberty  to  coin  money.  Again,  the  Constitution  says  that  no 
sovereign  State  shall  be  so  sovereign  as  to  make  a  treaty. 
These  prohibitions,  it  must  be  confessed,  are  a  control  on  the 
State  sovereignty  of  South  Carolina,  as  well  as  of  the  other 
States,  which  does  not  arise  "  from  her  own  feelings  of  honorable 
justice."  Such  an  opinion,  therefore,  is  in  defiance  of  the 
plainest  provisions  of  the  Constitution. 

There  are  other  proceedings  of  public  bodies,  which  have  al- 
ready been  alluded  to,  and  to  which  I  refer  again,  for  the  pur- 
pose of  ascertaining  more  fully,  what  is  the  length  and  breadth 
of  that  doctrine,  denominated  the  Carolina  doctrine,  which  the 
honorable  member  has  now  stood  up  on  this  floor  to  maintain. 
In  one  of  them,  I  find  it  resolved,  that  "  the  tariff  of  1828,  and 
every  other  tariff  designed  to  promote  one  branch  of  industry  at 
the  expense  of  others,  is  contrary  to  the  meaning  and  intention 
of  the  federal  compact  ;  and,  as  such,  a  dangerous,  palpable,  and 
deliberate  usurpation  of  power,  by  a  determined  majority,  wield- 
ing the  general  government  beyond  the  limits  of  its  delegated 
powers,  as  calls  upon  the  States  which  compose  the  suffering 
minority,  in  their  sovereign  capacity,  to  exercise  the  powers 
which,  as  sovereigns,  necessarily  devolve  upon  them,  when  their 
compact  is  violated." 

Observe,  sir,  that  this  resolution  holds  the  tariff  of  1828,  and 
every  other  tariff  designed  to  promote  one  branch  of  industry  at 
the  expense  of  another,  to  be  such  a  dangerous,  palpable,  and 
deliberate  usurpation  of  power,  as  calls  upon  the  States,  in  their 
sovereign  capacity,  to  interfere  by  their  own  authority.  This 
denunciation,  Mr.  President,  you  will  please  to  observe,  includes 
our  old  tariff  of  1816,  as  well  as  all  others  ;  because  that  was 
established  to  promote  the  interest  of  the  manufacturers  of  cotton, 
to  the  manifest  and  admitted  injury  of  the  Calcutta  cotton  trade. 
Observe,  again,  that  all  the  qualifications  are  here  rehearsed  and 
charged  upon  the  tariff,  which  are  necessary  to  bring  the  case 
within  the  gentleman's  proposition.  The  tariff  is  a  usurpation  ; 
it  is  a  dangerous  usurpation  ;  it  is  a  palpable  usurpation  ;  it  is  a 
deliberate  usurpation.     It  is  such  a  usurpation,  therefore,  as  calls 


448  APPENDIX. 

upon'the  States  to  exercise  their  right  of  interference.  Here  is 
a  case,  then,  within  the  gentleman's  principles,  and  all  his  qual- 
ifications of  his  principles.  It  is  a  case  for  action.  The  Consti- 
tution is  plainly,  dangerously,  palpably,  and  deliberately  violated; 
and  the  States  must  interpose  their  own  authority  to  arrest  the 
law.  Let  us  suppose  the  State  of  South  Carolina  to  express  this 
same  opinion,  by  the  voice  of  her  legislature.  That  would  be 
very  imposing  ;  but  what  then  ?  Is  the  voice  of  one  State  con- 
clusive ?  It  so  happens  that  at  the  very  moment  when  South 
Carolina  resolves  that  the  tariff  laws  are  unconstitutional,  Penn- 
sylvania and  Kentucky  resolve  exactly  the  reverse.  They  held 
those  laws  to  be  both  highly  proper  and  strictly  Constitutional. 
And  now,  sir,  how  does  the  honorable  member  propose  to  deal 
with  this  case  ?  How  does  he  relieve  us  from  this  difficulty, 
upon  any  principle  of  his  ?  His  construction  gets  us  into  it  ;  how 
does  he  propose  to  get  us  out  ? 

In  Carolina,  the  tariff  is  a  palpable,  deliberate  usurpation  ; 
Carolina  therefore,  may  nullify  it,  and  refuse  to  pay  the  duties. 
In  Pennsylvania,  it  is  both  clearly  Constitutional,  and  highly  expe- 
dient ;  and  there  the  duties  are  to  be  paid.  And  yet,  we  live  under 
a  government  of  uniform  laws,  and  under  a  Constitution,  too,  which 
contains  an  express  provision,  as  it  happens,  that  all  duties  shall 
be  equal  in  all  the  States.     Does  not  this  approach  absurdity  ? 

If  there  be  no  power  to  settle  such  questions,  independent  of 
either  of  the  States,  is  not  the  whole  Union  a  rope  of  sand  ?  Are 
we  not  thrown  back  again,  precisely,  upon  the  old  confederation  ? 

It  is  too  plain  to  be  argued.  Four  and  twenty  interpreters  of 
Constitutional  law,  each  with  a  power  to  decide  for  itself,  and 
none  with  authority  to  bind  any  body  else,  and  this  Constitutional 
law  the  only  bond  of  their  union  !  What  is  such  a  state  of  things, 
but  a  mere  connection,  during  pleasure,  or,  to  use  the  phraseology 
of  the  times,  during  feeling  ?  And  that  feeling,  too,  not  the  feel- 
ing of  the  people,  who  established  the  Constitution,  but  the  feel- 
ing of  the  State  governments. 

In  another  of  the  South  Carolina  addresses,  having  premised 
that  the  crisis  requires  "  all  the  concentrated  energy  of  passion,5' 
an  attitude  of  open  resistance  to  the  laws  of  the  Union  is  advised. 
Open  resistance  to  the  laws,  then,  is  the  Constitutional  remedy, 
the  conservative  power  of  the  State,  which  the  South  Carolina 
doctrines  teach  for  the  redress  of  political  evils,  real  or  imagina- 
ry. And  its  authors  further  say,  that  appealing  with  confidence 
to  the  Constitution  itself,  to  justify  their  opinions,  they  cannot 
consent  to  try  their  accuracy  by  the  courts  of  justice.  In  one 
sense,  indeed,  sir,  this  is  assuming  an  attitude  of  open  resistance 
in  favor  of  liberty.  But  what  sort  of  liberty  ?  The  liberty  of 
establishing  their  own  opinions,  in  defiance  of  the  opinions  of  all 
others  ;  the  liberty  of  judging  and  of  deciding  exclusively  them- 
selves, in  a  matter  in  which  others  have  as  much  right  to  judge 
and  decide  as  they  ;  the  liberty  of  placing  their  own  opinions 


APPENDIX.  449 

above  the  judgment  of  all  others,  above  the  laws,  and  above  the 
Constitution.  This  is  their  liberty,  and  this  is  the  lair  result  of 
the  proposition  contended  for  by  the  honorable  gentleman.  Or 
it  may  be  more  properly  said,  it  is  identical  with  it,  rather  than 
a  result  from  it. 

In  the  same  publication  we  find  the  following  :  "  Previously  to 
our  Revolution,  when  the  arm  of  oppression  was  stretched  over 
New  England,  where  did  our  northern  brethren  meet  with  a 
braver  sympathy  than  that  which  sprung  from  the  bosoms  of  Car- 
olinians? We  had  no  extortion,  no  oppression,  no  collision  with  the 
king's  ministers,  no  navigation  interests  springing  up  in  envious 
rivalry  of  England.'" 

This  seems  extraordinary  language.  South  Carolina  no  col- 
lision with  the  king's  ministers,  in  1775  !  No  extortion!  No 
oppression  !  But  sir,  it  is,  also,  most  significant  language. 
Does  any  man  doubt  the  purpose  for  which  it  was  penned  ?  Can 
any  one  fail  to  see  that  it  was  designed  to  raise  in  the  reader's 
mind  the  question,  whether  at  this  time,  that  is  to  say,  in  1828, 
South  Carolina  has  any  collision  with  the  king's  ministers,  any 
oppression,  or  extortion  to  fear  from  England  ?  Whether,  in 
short,  England  is  not  as  naturally  the  friend  of  South  Carolina, 
as  New  England,  with  her  navigation  interests  springing  up  in 
envious  rivalry  of  England  ? 

Is  it  not  strange,  sir,  that  an  intelligent  man,  in  South  Carolina, 
in  1828,  should  thus  labor  to  prove,  that  in  1775,  there  was  no 
hostility,  no  cause  of  war  between  South  Carolina  and  England  ? 
That  she  had  no  occasion,  in  reference  to  her  own  interest,  or 
from  a  regard  to  her  own  welfare,  to  take  up  arms  in  the  revo- 
lutionary contest  ?  Can  any  one  account  for  the  expression  of 
such  strange  sentiments,  and  their  circulation  through  the  State, 
otherwise  than  by  supposing  the  object  to  be,  what  I  have  already 
intimated,  to  raise  the  question,  if  they  had  no  "  collision''''  (mark 
the  expression)  with  the  ministers  of  King  George  the  Third,  in 
1775,  what  collision  have  they,  in  1828,  with  the  ministers  of 
King  George  the  Fourth  ?  What  is  there  now,  in  the  existing 
state  of  things,  to  separate  Carolina  from  Old,  more,  or  rather, 
than  from  New  England  ? 

Resolutions,  sir,  have  been  recently  passed  by  the  legislature 
of  South  Carolina.  I  need  not  refer  to  them  :  they  go  no  further 
than  the  honorable  gentleman  himself  has  gone,  and  I  hope  not 
so  far.  I  content  myself,  therefore,  with  debating  the  matter 
with  him. 

And  now,  sir,  what  I  have  first  to  say  on  this  subject  is,  that 
at  no  time,  and  under  no  circumstances,  has  New  England  or  any 
State  in  New  England,  or  any  respectable  body  of  persons  in  New 
England,  or  any  public  man  of  standing  in  New  England,  put 
forth  such  a  doctrine  as  this  Carolina  doctrine. 

The  gentleman  has  found  no  case,  he  can  find  none,  to  sup- 
port his  own  opinions  by  New  England  authority.     New  England 
57 


450  APPENDIX. 

has  studied  the  Constitution  in  other  schools,  and  under  other 
teachers.  She  looks  upon  it  with  other  regards,  and  deems  more 
highly  and  reverently,  both  of  its  just  authority,  and  its  utility 
and  excellence.  The  history  of  her  legislative  proceedings  may 
be  traced — the  ephemeral  effusions  of  temporary  bodies,  called 
together  by  the  excitement  of  the  occasion,  may  be  hunted  up — 
they  have  been  hunted  up.  The  opinions  and  votes  of  her  public 
men,  in  and  out  of  Congress,  may  be  explored — it  will  all  be  in 
vain.  The  Carolina  doctrine  can  derive  from  her  neither  coun- 
tenance nor  support.  She  rejects  it  now  ;  she  always  did  reject 
it  ;  and  till  she  loses  her  senses,  she  always  will  reject  it.  The 
honorable  member  has  referred  to  expressions  on  the  subject  of 
the  embargo  law,  made  in  this  place  by  an  honorable  and  vener- 
able gentleman  [Mr.  Hillhouse]  now  favoring  us  with  his  pres- 
ence. He  quotes  that  distinguished  Senator  as  saying,  that,  in 
his  judgment,  the  embargo  law  was  unconstitutional,  and  that, 
therefore  in  his  opinion,  the  people  were  not  bound  to  obey  it. 
That,  sir,  is  perfectly  Constitutional  language.  An  unconstitu- 
tional law  is  not  binding  ;  but  then  it  does  not  rest  with  a  resolu- 
tion, or  a  law  of  a  State  legislature,  to  decide  whether  an  act  of 
Congress  be,  or  be  not  Constitutional.  An  unconstitutional  act  of 
Congress  would  not  bind  the  people  of  this  district,  although  they 
have  no  legislature  to  interfere  in  their  behalf;  and,  on  the  other 
hand,  a  constitutional  law  of  Congress  does  bind  the  citizens  of 
every  State,  although  all  their  legislatures  should  undertake  to 
annul  it,  by  act  or  resolution.  The  venerable  Connecticut  Sen- 
ator is  a  constitutional  lawyer,  of  sound  principles,  and  enlarged 
knowledge  ;  a  statesman,  practised  and  experienced,  bred  in  the 
company  of  Washington,  and  holding  just  views  upon  the  nature 
of  our  governments.  He  believed  the  embargo  unconstitutional, 
and  so  did  others  ;  but  what  then  ?  Who,  did  he  suppose,  was 
to  decide  that  question  ?  The  State  legislatures  ?  Certainly 
not.  No  such  sentiment  ever  escaped  his  lips.  Let  us  follow 
up,  sir,  this  New  England  opposition  to  the  embargo  laws  ;  let 
us  trace  it  till  we  discern  the  principle  which  controlled  and  gov- 
erned New  England,  throughout  the  whole  course  of  that  oppo- 
sition. We  shall  then  see  what  similarity  there  is  between  the 
New  England  school  of  constitutional  opinions,  and  this  modern 
Carolina  school.  The  gentleman,  I  think,  read  a  petition  from 
some  single  individual,  addressed  to  the  legislature  of  Massa- 
chusetts, asserting  the  Carolina  doctrine  ;  that  is,  the  right  of 
State  interference  to  arrest  the  laws  of  the  Union.  The  fate  of 
that  petition  shows  the  sentiment  of  the  legislature.  It  met  no 
favor.  The  opinions  of  Massachusetts  were  otherwise.  They 
had  been  expressed  in  1798,  in  answer  to  the  resolutions  of  Vir- 
ginia, and  she  did  not  depart  from  them,  nor  bend  them  to  the 
times.  Misgoverned,  wronged,  oppressed,  as  she  felt  herself  to 
be,  she  still  held  fast  her  integrity  to  the  Union.  The  gentle- 
man may  find,  in  her  proceedings,  much  evidence  of  dissatisfac- 


APPENDIX.  451 

lion  with  the  measures  of  the  government,  and  great  and  deep 
dislike  to  the  embargo;  all  this  makes  the  case  so  much  the 
stronger  for  her:  for,  notwithstanding  all  this  dissatisfaction  and 
dislike,  she  claimed  no  right,  still,  to  sever  asunder  the  bonds  of 
union.  There  was  heat,  and  there  was  anger,  in  her  political 
feeling — be  it  so — her  heat  or  her  anger  did  not  nevertheless, 
betray  her  into  infidelity  to  the  government.  The  gentleman 
labors  to  prove  that  she  disliked  the  embargo,  as  much  as  South 
Carolina  dislikes  the  tariff,  and  expressed  her  dislike  as  strongly. 
Be  it  so;  but  did  she  propose  the  Carolina  remedy  ? — did  she 
threaten  to  interfere,  by  State  authority,  to  annul  the  laws  of  the 
Union  ?  That  is  the  question  for  the  gentleman's  considera- 
tion. 

No  doubt,  sir,  a  great  majority  of  the  people  of  New  Eng- 
land conscientiously  believed  the  embargo  law  of  1807  unconstitu- 
tional; as  conscientiously,  certainly,  as  the  people  of  South  Car- 
olina, hold  that  opinion  of  the  tariff.  They  reasoned  thus: 
Congress  has  power  to  regulate  commerce;  but  here  is  a  law, 
they  said,  stopping  all  commerce,  and  stopping  it  indefinitely. 
The  law  is  perpetual;  that  is,  it  is  not  limited  in  point  of  time, 
and  must,  of  course,  continue  until  it  shall  be  repealed  by  some 
other  law.  It  is  as  perpetual,  therefore,  as  the  law  against  trea- 
son or  murder.  Now,  is  this  regulating  commerce,  or  destroy- 
ing it?  Is  it  guiding,  controlling,  giving  the  rule  to  commerce, 
as  a  subsisting  thing;  or  is  it  putting  an  end  to  it  altogether? 
Nothing  is  more  certain,  than  that  a  majority  in  New  England 
deemed  this  law  a  violation  of  the  Constitution.  The  very  case 
required  by  the  gentleman,  to  justify  State  interference,  had 
then  arisen.  Massachusetts  believed  this  law  to  be  "  a  deliber- 
ate, palpable,  and  dangerous  exercise  of  a  power,  not  granted  by 
the  Constitution.  Deliberate  it  was,  for  it  was  long  continued; 
palpable  she  thought  it,  as  no  words  in  the  Constitution  gave  the 
power,  and  only  a  construction,  in  her  opinion  most  violent, 
raised  it;  dangerous  it  was,  since  it  threatened  utter  ruin  to  her 
most  important  interest.  Here,  then,  was  a  Carolina  case. 
How  did  Massachusetts  deal  with  it  ?  It  was,  as  she  thought,  a 
plain,  manifest,  palpable  violation  of  the  Constitution;  and  it 
brought  ruin  to  her  doors.  Thousands  of  families,  and  hundreds 
of  thousands  of  individuals,  were  beggared  by  it.  While  she 
saw  and  felt  all  this,  she  saw  and  felt  also,  that  as  a  measure  of 
national  policy,  it  was  perfectly  futile;  that  the  country  was  no 
way  benefited  by  that  which  caused  so  much  individual  distress; 
that  it  was  efficient  only  for  the  production  of  evil,  and  all  that 
evil  inflicted  on  ourselves.  In  such  a  case,  under  such  circum- 
stances, how  did  Massachusetts  demean  herself?  Sir,  she  remon- 
strated, she  memorialized,  she  addressed  herself  to  the  general 
government,  not  exactly  "  with  the  concentrated  energy  of  pas- 
sion," but  with  her  own  strong  sense,  and  the  energy  of  sober 
conviction.     But  she  did  not  interpose  the  arm  of  her  own  power 


452  APPENDIX. 

to  arrest  the  law,  and  break  the  embargo.  Far  from  it.  Her 
principles  bound  her  to  two  things;  and  she  followed  her  prin- 
ciples, lead  where  they  might.  First,  to  submit  to  every  consti- 
tutional law  of  Congress,  and,  secondly,  if  the  constitutional 
validity  of  the  law  be  doubted,  to  refer  that  question  to  the  de- 
cision of  the  proper  tribunals.  The  first  principle  is  vain  and 
ineffectual  without  the  second.  A  majority  of  us  in  New  Eng- 
land believed  the  embargo  law  unconstitutional;  but  the  great 
question  was,  and  always  will  be,  in  such  cases,  who  is  to  decide 
this?  Who  is  to  judge  between  the  people  and  the  government? 
And,  sir,  it  is  quite  plain,  that  the  Constitution  of  the  United 
States  confers  on  the  government  itself,  to  be  exercised  by  its 
appropriate  department,  and  under  its  own  responsibility  to  the 
people,  this  power  of  deciding  ultimately  and  conclusively,  upon 
the  just  extent  of  its  own  authority.  If  this  had  not  been  done, 
we  should  not  have  advanced  a  single  step  beyond  the  old  con- 
federation. 

Being  fully  of  opinion  that  the  embargo  law  was  unconstitu- 
tional, the  people  of  New  England  were  yet  equally  clear  in  the 
opinion — it  was  a  matter  they  did  doubt  upon — that  the  question, 
after  all,  must  be  decided  by  the  judicial  tribunals  of  the  United 
States.  Before  those  tribunals,  therefore,  they  brought  the 
question.  Under  the  provisions  of  the  law,  they  had  given 
bonds,  to  millions  in  amount,  and  which  were  alleged  to  be  for- 
feited. They  suffered  the  bonds  to  be  sued,  and  thus  raised  the 
question.  In  the  old-fashioned  way  of  settling  disputes,  they 
went  to  law.  The  case  came  to  hearing,  and  solemn  argument; 
and  he  who  espoused  their  cause,  and  stood  up  for  them  against 
the  validity  of  the  embargo  act,  was  none  other  than  that  great 
man  of  whom  the  gentleman  has  made  honorable  mention,  Sam- 
uel Dexter.  He  was  then,  sir,  in  the  fullness  of  his  knowledge, 
and  the  maturity  of  his  strength.  He  had  retired  from  long  and 
distinguished  public  service  here,  to  the  renewed  pursuit  of  pro- 
fessional duties;  carrying  with  him  all  that  enlargement  and  ex- 
pansion, all  the  new  strength  and  force,  which  an  acquaintance 
with  the  more  general  subjects  discussed  in  the  national  councils, 
is  capable  of  adding  to  professional  attainment,  in  a  mind  of  true 
greatness  and  comprehension.  He  was  a  lawyer,  and  he  was 
also  a  statesman.  He  had  studied  the  Constitution,  when  he 
filled  public  station,  that  he  might  defend  it;  he  had  examined  its 
principles,  that  he  might  maintain  them.  More  than  all  men,  or 
at  least  as  much  as  any  man,  he  was  attached  to  the  general 
government  and  to  the  union  of  the  States.  His  feelings  and 
opinions  all  ran  in  that  direction.  A  question  of  constitutional 
law,  too,  was,  of  all  subjects,  that  one  which  was  best  suited  to 
his  talents  and  learning.  Aloof  from  technicality,  and  unfettered 
by  artificial  rules,  such  a  question  gave  opportunity  for  that  deep 
and  clear  analysis,  that  mighty  grasp  of  principle,  which  so 
much  distinguished  his  higher  efforts.     His  very  statement  was 


APPENDIX.  453 

argument;  his  inference  seemed  demonstration.  The  earnest- 
ness of  his  own  conviction,  wrought  conviction  in  others.  One 
was  convinced,  and  believed,  and  assented,  because  it  was  grat- 
ifying, delightful  to  think,  and  feel,  and  believe,  in  unison  with 
an  intellect  of  such  evident  superiority. 

Mr.  Dexter,  sir,  sach  as  I  have  described  him,  argued  the 
New  England  cause.  He  put  into  his  effort  his  whole  heart,  as 
well  as  all  the  powers  of  his  understanding:  for  he  had  avowed, 
in  the  most  public  manner,  his  entire  concurrence  with  his 
neighbors,  on  the  point  in  dispute.  He  argued  the  cause;  it 
was  lost,  and  New  England  submitted.  The  established  tribu- 
nals pronounced  the  law  constitutional,  and  New  England  ac- 
quiesced. Now,  sir,  is  not  this  the  exact  opposite  of  the  doc- 
trine of  the  gentleman  from  South  Carolina?  According  to  him, 
instead  of  referring  to  the  Judicial  tribunals,  we  should  have 
broken  up  the  embargo,  by  laws  of  our  own:  we  should  have 
repealed  it,  quoad  New  England;  for  we  had  a  strong,  palpable, 
and  oppressive  case.  Sir,  we  believe  the  embargo  unconstitu- 
tional; but  still,  that  was  matter  of  opinion,  and  who  was  to 
decide  it?  We  thought  it  a  clear  case;  but,  nevertheless,  we 
did  not  take  the  law  into  our  own  hands,  because  we  did  not  wish 
to  bring  about  a  revolution,  nor  to  break  up  the  Union :  for  I 
maintain,  that,  between  submission  to  the  decision  of  the  con- 
stituted tribunals,  and  revolution,  or  disunion,  there  is  no  middle 
ground — there  is  no  ambiguous  condition,  half  allegiance,  and 
half  rebellion.  And,  sir,  how  futile,  how  very  futile,  it  is,  to 
admit  the  right  of  State  interference,  and  then  attempt  to  save  it 
from  the  character  of  unlawful  resistance,  by  adding  terms  of 
qualification  to  the  causes  and  occasions,  leaving  all  these  quali- 
fications, like  the  case  itself,  in  the  discretion  of  the  State  gov- 
ernments. It  must  be  a  clear  case,  it  is  said;  a  deliberate  case; 
a  palpable  case;  a  dangerous  case.  But  then  the  State  is  still 
left  at  liberty  to  decide  for  herself,  what  is  clear,  what  is  delib- 
erate, what  is  palpable,  what  is  dangerous.  Do  adjectives  and 
epithets  avail  any  thing?  Sir,  the  human  mind  is  so  constituted, 
that  the  merits  of  both  sides  of  a  controversy  appear  very  clear 
and  very  palpable,  to  those  who  respectively  espouse  them;  and 
both  sides  usually  grow  clearer,  as  the  controversy  advances. 
South  Carolina  sees  unconstitutionality  in  the  tariff;  she  sees 
oppression  there,  also;  and  she  sees  danger.  Pennsylvania, 
with  a  vision  not  less  sharp,  looks  at  the  same  tariff,  and  sees  no 
such  thing  in  it — she  sees  it  all  constitutional,  all  useful,  all  safe. 
The  faith  of  South  Carolina  is  strengthened  by  opposition,  and 
she  now  not  onty  sees,  but  Resolves,  that  the  tariff  is  palpably 
unconstitutional,  oppressive,  and  dangerous:  but  Pennsylvania, 
not  to  be  behind  her  neighbors,  and  equally  willing  to  strengthen 
her  own  faith  by  a  confident  asseveration,  Resolves,  also,  and 
gives  to  every  warm  affirmative  of  South  Carolina,  a  plain  down- 
right,  Pennsylvania  negative.     South   Carolina,  to  show  the 


454  APPENDIX. 

strength  and  unity  of  her  opinion,  brings  her  assembly  to  a  una- 
nimity, within  seven  voices;  Pennsylvania,  not  to  be  outdone  in 
this  respect  more  than  others,  reduces  her  dissentient  fraction  to 
a  single  vote.  Now,  sir,  again  1  ask  the  gentleman,  what  is  to 
be  done?  Are  these  States  both  right?  Is  he  bound  to  con- 
sider jhem  both  right?  If  not,  which  is  in  the  wrong?  or  rather, 
which  has  the  best  right  to  decide?  And  if  he,  and  if  I,  are  not 
to  know  what  the  Constitution  means,  and  what  it  is,  till  those 
two  State  legislatures,  and  the  twenty-two  others,  shall  agree  in 
its  construction,  what  have  we  sworn  to,  when  we  have  sworn 
to  maintain  it?  1  was  forcibly  struck  with  one  reflection,  as  the 
gentleman  [Mr.  Hayne]  went  on  in  his  speech.  He  quoted  Mr. 
Madison's  resolutions  to  prove  that  a  State  may  interfere,  in  a 
case  of  deliberate,  palpable,  and  dangerous  exercise  of  a  power 
not  granted.  The  honorable  member  supposes  the  tariff  law  to 
be  such  an  exercise  of  power;  and  that,  consequently,  a  case 
has  arisen  in  which  the  State  may,  if  it  see  fit,  interfere  by  its 
own  law.  Now  it  so  happens,  nevertheless,  that  Mr.  Madison 
himself  deems  this  same  tariff  law  quite  constitutional.  Instead 
of  a  clear  and  palpable  violation,  it  is,  in  his  judgment,  no  viola- 
tion at  all.  So  that  while  they  use  his  authority  for  a  hypothet- 
ical case,  they  reject  it  in  the  very  case  before  them.  All  this, 
sir,  shows  the  inherent — futility — I  had  almost  used  a  stronger 
word — of  conceding  this  power  of  interference  to  the  States,  and 
then  attempting  to  secure  it  from  abuse  by  imposing  qualifica- 
tions, of  which  the  States  themselves  are  to  judge.  One  of  two 
things  is  true;  either  the  laws  of  the  Union  are  beyond  the  dis- 
cretion, and  beyond  the  control  of  the  State;  or  else  we  have  no 
Constitution  of  general  government,  and  thrust  back  again  to 
the  days  of  the  confederacy. 

Let  me  here  say,  sir,  that  if  the  gentleman's  doctrine  had  been 
received  and  acted  upon  in  New  England,  in  the  times  of  the 
embargo  and  non-intercourse,  we  should  probably  not  now  have 
been  here.  The  government  would,  very  likely,  have  gone  to 
pieces,  and  crumbled  into  dust.  No  stronger  case  can  ever  arise 
than  existed  under  those  laws;  no  States  can  ever  entertain  a 
clearer  conviction  than  the  New  England  States  then  enter- 
tained; and  if  they  had  been  under  the  influence  of  that  heresy 
of  opinion,  as  I  must  call  it,  which  the  honorable  member 
espouses,  this  Union  would,  in  all  probability,  have  been  scat- 
tered to  the  four  winds.  I  ask  the  gentleman,  therefore,  to  apply 
his  principles  to  that  case;  I  ask  him  to  come  forth  and  declare, 
whether,  in  his  opinion,  the  New  England  States  would  have 
been  justified  in  interfering  to  break  up  the  embargo  system, 
under  the  conscientious  opinions  which  they  held  upon  it?  Had 
they  a  right  to  annul  that  law?  Does  he  admit  or  deny?  If  that 
which  is  thought  palpably  unconstitutional  in  South  Carolina, 
justifies  that  State  in  arresting  the  progress  of  the  law,  tell  me, 
whether  that  which  was  thought  palpably  unconstitutional  also 


APPENDIX.  455 

in  Massachusetts,  would  have  justified  her  in  doing  the  same 
thing?  Sir,  1  deny  the  whole  doctrine.  It  has  not  a  foot  of 
ground  in  the  Constitution  to  stand  on.  No  public  man  of  rep- 
utation ever  advanced  it  in  Massachusetts,  in  the  warmest  times, 
or  could  maintain  himself  upon  it  there  at  any  time. 

I  wish  now,  sir,  to  make  a  remark  upon  the  Virginia  resolu- 
tions of  1798.  I  cannot  undertake  to  say  how  these  resolutions 
were  understood  by  those  who  passed  them.  Their  language  is  not 
a  little  indefinite.  In  the  case  of  the  exercise,  by  Congress,  of  a 
dangerous  power,  not  granted  to  them,  the  resolutions  assert  the 
right,  on  the  part  of  the  State  to  interfere,  and  arrest  t.ie  pro- 
gress of  the  evil.  This  is  susceptible  of  more  than  one  interpre- 
tation. It  may  mean  no  more  than  that  the  States  may  interfere, 
by  complaint  and  remonstrance,  or  by  proposing  to  the  people 
an  alteration  of  the  federal  Constitution.  This  would  be  all 
quite  unobjectionable  ;  or,  it  may  be,  that  no  more  is  meant 
than  to  assert  the  general  right  of  revolution,  as  against  all  gov- 
ernments, in  cases  of  intolerable  oppression.  This  no  one 
doubts,  and  this,  in  my  opinion,  is  all  that  he  who  framed  the 
resolutions  could  have  meant  by  it  ;  for  I  shall  not,  readily  be- 
lieve, that  he  was  ever  of  opinion  that  a  State,  under  the 
Constitution,  and  in  conformity  with  it,  could,  upon  the  ground 
of  her  own  opinion  of  its  unconstitutionality,  however  clear  and 
palpable  she  might  think  the  case,  annul  a  law  of  Congress,  so 
far  as  it  should  operate  on  herself,  by  her  own  legislative 
power. 

I  must  now  beg  to  ask,  sir,  whence  is  this  supposed  right  of 
the  States  derived  ? — where  do  they  find  the  power  to  interfere 
with  the  laws  of  the  Union  ?  Sir,  the  opinion  which  the  honorr 
able  gentleman  maintains,  is  a  notion,  founded  in  a  total  misap- 
prehension, in  my  judgment,  of  the  origin  of  this  government, 
and  of  the  foundation  on  which  it  stands.  1  hold  it  to  be  a  pop- 
ular government,  erected  by  the  people  ;  those  who  administer 
it,  responsible  to  the  people  ;  and  itself  capable  of  being 
amended  and  modified,  just  as  the  people  may  choose  it  should 
be.  It  is  as  popular,  just  as  truly  emanating  from  the  people, 
as  the  State  governments.  It  is  created  for  one  purpose  ;  the 
state  governments  for  another.  It  has  its  own  powers,  they 
have  theirs.  There  is  no  more  authority  with  them  to  arrest  the 
operation  of  a  law  of  Congress,  than  with  Congress  to  arrest 
the  operation  of  their  laws.  We  are  here  to  administer  a  Con- 
stitution emanating  immediately  from  the  people,  and  trusted, 
by  them,  to  our  administration.  It  is  not  the  creature  of  the 
State  governments.  It  is  of  no  moment  to  the  argument,  that 
certain  acts  of  the  State  legislatures  are  necessary  to  fill  our  seats 
in  this  body.  That  is  not  one  of  their  original  State  powers,  a 
part  of  the  sovereignty  of  the  State.  It  is  a  duty  which  the  peo- 
ple, by  the  Constitution  itself,  have  imposed  on  the  State  legis- 
latures ;  and  which  they  might  have  left  to  be  performed  else- 


456  APPENDIX. 

where,  if  they  had  seen  fit.  So  they  have  left  the  choice  of 
President  with  electors  ;  but  all  this  does  not  affect  the  propo- 
sition, that  this  whole  government,  President,  Senate,  and  House 
of  Representatives,  is  a  popular  government.  It  leaves  it  still 
all  its  popular  character.  The  Governor  of  a  State,  (in  some  of 
the  States,)  is  chosen,  not  directly  by  the  people,  but  by  those 
who  are  chosen  by  the  people,  for  the  purpose  of  performing, 
among  other  duties,  that  of  electing  a  Governor.  Is  the  gov- 
ernment of  a  State,  on  that  account,  not  a  popular  government  ? 
This  government,  sir,  is  the  independent  offspring  of  the  popular 
will.  It  is  not  the  creature  of  State  legislatures  ;  nay,  more,  if 
the  whole  truth  must  be  told,  the  people  brought  it  into  exist- 
ence, established  it,  and  have  hitherto  supported  it,  for  the  very 
purpose,  amongst  others,  of  imposing  certain  salutary  restraints 
on  State  sovereignties.  The  States  cannot  now  make  war  ; 
they  cannot  contract  alliances  ;  they  cannot  make,  each  for  it- 
self, separate  regulations  of  commerce;  they  cannot  lay  imposts; 
they  cannot  coin  money.  If  this  Constitution,  sir,  be  the  crea- 
ture of  State  legislatures,  it  must  be  admitted  that  it  has  ob- 
tained a  strange  control  over  the  volitions  of  its  creators. 

The  people,  then,  sir,  erected  this  government.  They  gave 
it  a  Constitution,  and  in  that  Constitution  they  have  enumerated 
the  powers  which  they  bestow  on  it.  They  have  made  it  a  lim- 
ited government-  They  have  defined  its  authority.  They  have 
restrained  it  to  the  exercise  of  such  powers  as  are  granted  ;  and 
all  others,  they  declare,  are  reserved  to  the  States  or  the  people. 
But,  sir,  they  have  not  stopped  here.  If  they  had,  they  would 
have  accomplished  but  half  their  work.  No  definition  can  be  so 
clear,  as  to  avoid  possibility  of  doubt  ;  no  limitation  so  precise, 
as  to  exclude  all  uncertainty.  Who,  then,  shall  construe  this 
grant  of  the  people  ?  Who  shall  interpret  their  will,  where  it 
may  be  supposed  they  have  left  it  doubtful  ?  With  whom  do 
they  repose  this  ultimate  right  of  deciding  on  the  powers  of  the 
government  ?  Sir,  they  have  settled  all  this  in  the  fullest  man- 
ner. They  have  left  it,  with  the  government  itself,  in  its  ap- 
propriate branches.  Sir,  the  very  chief  end,  the  main  design, 
for  which  the  whole  Constitution  was  framed  and  adopted,  was 
to  establish  a  government  that  should  not  be  obliged  to  act 
through  State  agency,  depend  on  State  opinion,  and  State 
discretion.  #  *  # 

But  who  shall  decide  on  the  question  of  interference  ?  To 
whom  lies  the  last  appeal  ?  This,  sir,  the  Constitution  itself  de- 
cides, also,  by  declaring,  "  that  the  judicial  poicer  shall  ex- 
tend to  all  cases  arising  under  the  Constitution  and  laws  of  the 
United  States"  These  two  provisions,  sir,  cover  the  whole 
ground.  They  are,  in  truth,  the  keystone  of  the  arch.  With 
these,  it  is  a  Constitution  ;  without  them,  it  is  a  confederacy. 
In  pursuance  of  these  clear  and  express  provisions,  Congress 
established,  at  its  very  first  session,  in  the  judicial   act,  a  mode 


APPENDIX.  457 

for  carrying  them  into  full  effect,  and  for  bringing  all  questions 
of  constitutional  power  to  the  final  decision  ot  the  Supreme 
Court.  It  then,  sir,  became  a  government.  It  then  had  the 
means  of  self-protection  ;  and,  but  for  this,  it  would,  in  all  prob- 
ability, have  been  now  among  things  which  are  past.  Havino- 
constituted  the  government,  and  declared  its  powers,  the  people 
have  further  said,  that  since  somebody  must  decide  on  the  ex- 
tent of  these  powers,  the  government  shall  itself  decide  ;  subject, 
always,  like  other  popular  governments,  to  its  responsibility  to 
the  people.  And  now,  sir,  I  repeat,  how  is  it  that  a  State  legis- 
lature acquires  any  power  to  interfere  ?  Who,  or  what,  gives 
them  the  right  to  say  to  the  people,  "  We,  who  are  your  agents 
and  servants  for  one  purpose,  will  undertake  to  decide,  that 
your  other  agents  and  servants,  appointed  by  you  for  another 
purpose,  have  transcended  the  authority  you  gave  them  !  "  The 
reply  would  be,  I  think,  not  impertinent — "  Who  made  you  a 
judge  over  another's  servants  ?  To  their  own  masters  they 
stand  or  fall." 

Sir,  I  deny  this  power  of  State  legislatures  altogether.  It 
cannot  stand  the  test  of  examination.  Gentlemen  may  say,  that, 
in  an  extreme  case,  a  State  government  might  protect  the  people 
from  intolerable  oppression.  Sir,  in  such  a  case,  the  people 
might  protect  themselves,  without  the  aid  of  the  State  govern- 


-J 


it  comes,  a  law  for  itself.  A  nullifying  act  of  a  State  legislature 
cannot  alter  the  case,  nor  make  resistance  any  more  lawful. 
In  maintaining  these  sentiments,  sir,  I  am  but  asserting  the 
rights' of  the  people.  I  state  what  they  have  declared,  and  insist 
on  their  right  to  declare  it.  They  have  chosen  to  repose  this 
power  in  the  general  government,  and  I  think  it  my  duty  to 
support  it,  like  other  constitutional  powers. 

For  myself,  sir,  1  do  not  admit  the  jurisdiction  of  South  Caro- 
lina, or  any  other  State,  to  prescribe  my  constitutional  duty,  or 
to  settle,  between  me  and  the  people,  the  validity  o{  laws  of 
Congress,  for  which  1  have  voted.  I  decline  her  umpirage.  I 
have  not  sworn  to  support  the  Constitution  according  to  her  con- 
struction of  its  clauses.  I  have  not  stipulated,  by  my  oath  of 
office,  or  otherwise,  to  come  under  any  responsibility,  except  to 
the  people,  and  those  whom  they  have  appointed  to  pass  upon  the 
question,  whether  laws,  supported  by  my  votes,  conform  to  the 
Constitution  of  the  country.  And,  sir,  if  we  look  to  the  general 
nature  of  the  case,  could  any  thing  have  been  more  preposterous, 
than  to  make  a  government  for  the  whole  Union,  and  yet  leave 
its  powers  subject,  not  to  one  interpretation,  but  to  thirteen,  or 
twenty-four,  interpretations?  Instead  of  one  tribunal,  established 
by  all,  responsible  to  all,  with  power  to  decide  for  all — shall  con- 
stitutional questions  be  left  to  four-and-twenty  popular  bodies, 
each  at  liberty  to  decide  for  itself,  and  none  bound  to  respect  the 
decisions  of  others;  and  each  at  liberty,  too,  to  give  a  new  con- 
58 


458  APPENDIX. 

struction  on  every  new  election  of  its  own  members  ?  Would 
any  thing,  with  such  a  principle  in  it,  or  rather  with  such  a  des- 
titution of  all  principle,  be  fit  to  be  called  a  government?  No, 
sir.  It  should  not  be  denominated  a  Constitution.  It  should  be 
called,  rather,  a  collection  of  topics,  for  everlasting  controversy; 
heads  of  debate  for  a  disputatious  people.  It  would  not  be  a 
government.  It  would  not  be  adequate  to  any  practical  good, 
nor  fit  for  any  country  to  live  under.  To  avoid  all  possibility  of 
being  misunderstood,  allow  me  to  repeat  again,  in  the  fullest 
manner,  that  I  claim  no  powers  for  the  government  by  forced  or 
unfair  construction.  1  admit,  that  it  is  a  government  of  strictly 
limited  powers;  of  enumerated,  specified,  and  particularised 
powers;  and  that  whatsoever  is  not  granted,  is  withheld.  But 
notwithstanding  all  this,  and  however  the  grant  of  powers  may 
be  expressed,  its  limits  and  extent  may  yet,  in  some  cases,  admit 
of  doubt;  and  the  general  government  would  be  good  for  nothing, 
it  would  be  incapable- of  long  existing,  if  some  mode  had  not 
been  provided,  in  which  these  doubts,  as  they  should  arise,  might 
be  peaceably,  but  authoritatively,  solved.     *     *     * 

Let  it  be  remembered,  that  the  Constitution  of  the  United 
States  is  not  unalterable.  It  is  to  continue  in  its  present  form 
no  longer  than  the  people,  who  established  it,  shall  choose  to 
continue  it.  If  they  shall  become  convinced  that  they  have  made 
an  injudicious  or  inexpedient  partition  and  distribution  of  pow- 
er, between  the  State  governments  and  the  general  government, 
they  can  alter  that  distribution  at  will. 

If  any  thing  be  found  in  the  national  Constitution,  either  by 
original  provision,  or  subsequent  interpretation,  which  ought  not 
to  be  in  it,  the  people  know  how  to  get  rid  of  it.  If  any  con- 
struction be  established,  unacceptable  to  them,  so  as  to  become, 
practically,  a  part  of  the  Constitution,  they  will  amend  it  at  their 
own  sovereign  pleasure.  But  while  the  people  choose  to  main- 
tain it  as  it  is;  while  they  are  satisfied  with  it,  and  refuse  to 
change  it;  who  has  given,  or  who  can  give,  to  the  State  legisla- 
tures a  right  to  alter  it,  either  by  interference,  construction,  or 
otherwise?  Gentlemen  do  not  seem  to  recollect  that  the  people 
have  any  power  to  do  any  thing  for  themselves:  they  imagine 
there  is  no  safety  for  them,  any  longer  than  they  are  under  the 
close  guardianship  of  the  State  legislatures.  Sir,  the  people  have 
not  trusted  their  safety,  in  regard  to  the  general  constitution,  to 
these  hands.  They  have  required  other  security,  and  taken  other 
bonds.  They  have  chosen  to  trust  themselves,  first,  to  the  plain 
words  of  the  instrument,  and  to  such  construction  as  the  govern- 
ment itself,  in  doubtful  cases,  should  put  on  its  own  powers,  under 
their  oaths  of  office,  and  subject  to  their  responsibility  to  them; 
just  as  the  people  of  a  State  trusts  their  own  State  governments 
with  a  similar  power.  Secondly,  they  have  reposed  their  trust 
in  the  efficacy  of  frequent  elections,  and  in  their  own  power  to 
remove  their  own  servants  and  agents,  whenever  they  see  cause. 


APPENDIX.  459 

Thirdly,  they  have  reposed  trust  in  the  judicial  power,  which,  in 
order  that  it  might  be  trust  worthy,  they  have  made  as  respect- 
able, as  disinterested,  and  as  independent  as  was  practicable. — 
Fourthly,  they  have  seen  fit  to  rely,  in  case  of  necessity,  or  high 
expediency,  on  their  known  and  admitted  power  to  alter  or  amend 
the  Constitution,  peaceably  and  quietly,  whenever  experience 
shall  point  out  delects  or  imperfections.  And,  finally,  the  people 
of  the  United  States  have,  at  no  time,  in  no  way,  directly  or  in- 
directly, authorized  any  State  legislature  to  construe  or  interpret 
their  high  instrument  of  government:  much  less  to  interfere,  by 
their  own  power,  to  arrest  its  course  and  operation. 


Mr.  Hayne.  The  proposition  which  I  laid  down,  and  from 
which  the  gentleman  dissents,  is  taken  from  the  Virginia  resolu- 
tions of  '9b,  and  is  in  these  words,  "  that  in  case  of  a  deliberate, 
palpable,  and  dangerous  exercise  by  the  federal  government  of 
powers  not  granted  by  the  compact,  [the  Constitution,]  the  States 
who  are  parties  thereto,  have  a  right  to  interpose,  for  arresting 
the  progress  of  the  evil,  and  for  maintaining  within  their  re- 
spective limits  the  authorities,  rights,  and  liberties,  appertaining 
to  them."  The  gentleman  insists  that  the  States  have  no  right 
to  decide  whether  the  Constitution  has  been  violated  by  acts  of 
Congress  or  not — but  that  the  federal  government  is  the  exclusive 
judge  of  the  extent  of  its  own  powers ;  and  that  in  case  of  a  viola- 
tion of  the  Constitution,  however  "  deliberate,  palpable,  and 
dangerous,"  a  State  has  no  constitutional  redress,  except  where 
the  matter  can  be  brought  before  the  Supreme  Court,  whose  de- 
cision must  be  final  and  conclusive  on  the  subject.  Having 
thus  distinctly  stated  the  points  in  dispute  between  the  gentle- 
man and  myself,  I  proceed  to  examine  them.  And  here  it  will 
be  necessary  to  go  back  to  the  origin  of  the  federal  government. 
It  cannot  be  doubted,  and  is  not  denied,  that  before  the  Consti- 
tution, each  State  was  an  independent  sovereignty,  possessing 
all  the  rights  and  powers  appertaining  to  independent  nations; 
nor  can  it  be  denied,  that,  after  the  Constitution  was  formed, 
they  remained  equally  sovereign  and  independent,  as  to  all 
powers  not  expressly  delegated  to  the  federal  government.  This 
would  have  been  the  case  even  if  no  positive  provision  to  that 
effect  had  been  inserted  in  that  instrument.  But  to  remove  all 
doubt  it  is  expressly  declared,  by  the  10th  article  of  the  amend- 
ment of  the  Constitution,  "  that  the  powers  not  delegated  to  the 
States,  by  the  Constitution,  nor  prohibited  by  it  to  the  States, 
are  reserved  to  the  States  respectively,  or  to  the  people."  The 
true  nature  of  the  federal  Constitution,  therefore,  is,  (in  the  lan- 
guage of  Mr.  Madison,)  "a  compact  to  which  the  States  are 
parties,"  a  compact  by  which  each  State,  acting  in  its  sovereign 
capacity,  has  entered  into  an  agreement  with  the  other  States, 
by  which  they  have  consented  that  certain  designated  powers 


460  APPENDIX. 

shall  be  exercised  by  the  United  States,  in  the  manner  prescribed 
in  the  instrument.  Nothing  can  be  clearer  than  that,  under 
such  a  system,  the  federal  government,  exercising  strictly  dele- 
gated powers,  can  have  no  right  to  act  beyond  the  pale  of  its 
authority,  and  that  all  such  acts  are  void.  A  State,  on  the  con- 
trary, retaining  all  powers  not  expressly  given  away,  may  law- 
fully act  in  all  cases  where  she  has  not  voluntarily  imposed  re- 
strictions on  herself.  Here  then  is  a  case  of  a  compact  between 
sovereigns,  and  the  question  arises,  what  is  the  remedy  for  a 
clear  violation  of  its  express  terms  by  one  of  the  parties  ?  And 
here  the  plain  obvious  dictate  of  common  sense,  is  in  strict  con- 
formity with  the  understanding  of  mankind,  and  the  practice  of 
nations  in  all  analogous  cases — "  that  where  resort  can  be  had 
to  no  common  superior,  the  parties  to  the  compact  must,  them- 
selves, be  the  rightful  judges  whether  the  bargain  has  been  pur- 
sued or  violated."  (Madison's  Report,  p.  20.)  When  it  is 
insisted  by  the  gentleman  that  one  of  the  parties  "  has  the  power 
of  deciding  ultimately  and  conclusively  upon  the  extent  of  its 
own  authority,"  I  ask  for  the  grant  of  such  a  power.  I  call 
upon  the  gentleman  to  show  it  to  me  in  the  Constitution.  It  is 
not  to  be  found  there. 

But  if  there  be  no  common  superior,  it  results  from  the  very 
nature  of  things,  that  the  parties  must  be  their  own  judges.  This 
is  admitted  to  be  the  case  where  treaties  are  formed  between 
independent  nations,  and  if  the  same  rule  does  not  apply  to  the 
federal  compact,  it  must  be  because  the  federal  is  superior  to 
the  State  government,  or  because  the  States  have  surrendered 
their  sovereignty.  Neither  branch  of  this  proposition  can  be 
maintained  for  a  moment. 

Here,  however,  we  are  met  by  the  argument  that  the  Consti- 
tution was  not  formed  by  the  States,  in  their  sovereign  capacity, 
but  by  the  people,  and  it  is  therefore  inferred  that  the  federal 
government,  being  created  by  all  the  people,  must  be  supreme; 
and  though  it  is  not  contended  that  the  Constitution  may  be 
rightfully  violated,  yet  it  is  insisted  that  from  the  decisions  of  the 
federal  government  there  can  be  no  appeal. 

I  deny  that  the  Constitution  was  framed  by  the  people  in  the 
sense  in  which  that  word  is  used  on  the  other  side,  and  insist 
that  it  was  framed  by  the  States  acting  in  their  sovereign  capa- 
city. When,  in  the  preamble  of  the  Constitution,  we  find  the 
words,  "  we,  the  people  of  the  United  States,"  it  is  clear,  they 
can  only  relate  to  the  people  as  citizens  of  the  several  States, 
because  the  federal  government  was  not  then  in  existence. 

We  accordingly  find,  in  every  part  of  that  instrument,  that 
the  people  are  always  spoken  of  in  that  sense.  Thus,  in  the 
second  seetion  of  the  first  article,  it  is  declared,  "  That  the 
House  of  Representatives  shall  be  composed  of  members  chosen 
every  second  year,  by  the  people  of  the  several  States."  To 
show  that,  in  entering  into  this  compact,  the  States  acted  in  their 


APPENDIX.  461 

sovereign  capacity,  and  not  merely  as  parts  of  one  great  com- 
munity, what  can  be  more  conclusive  than  the  historical  fact, 
that,  when  every  State  had  consented  to  it  except  one,  she  was 
not  held  to  be  bound.  A  majority  of  the  people  in  any  State 
bound  that  State,  but  nine-tenths  of  all  the  people  of  the  United 
States  could  not  bind  the  people  of  Rhode  Island,  until  Rhode 
Island,  as  a  State,  had  consented  to  the  compact. 

I  am  not  disposed  to  dwell  longer  on  this  point,  which  does 
appear  to  my  mind  to  be  too  clear  to  admit  of  controversy.  But 
I  will  quote  from  Mr.  Madison's  report,  which  goes  the  whole 
length  in  support  of  the  doctrines  for  which  I  have  contended. 

Having  now  established  the  position  that  the  Constitution  was 
a  compact  between  sovereign  and  independent  States,  having  no 
common  superior,  "  it  follows  of  necessity,"  (to  borrow  the  lan- 
guage of  Mr.  Madison,)  u  that  there  can  be  no  tribunal  above 
their  authority  to  decide  in  the  last  resort,  whether  the  compact 
made  by  them  be  violated;  and  consequently,  that,  as  the  parties 
to  it,  they  must  themselves  decide,  in  the  last  resort,  such  ques- 
tions as  may  be  of  sufficient  magnitude  to  require  their  interpo- 
sition." 

But  the  gentleman  insists  that  the  tribunal  provided  by  the 
Constitution,  for  the  decision  of  controversies  between  the  States 
and  the  federal  government,  is  the  Supreme  Court. 

It  is  clear  that  questions  of  sovereignty  are  not  the  proper 
subjects  of  judicial  investigation.  They  are  much  too  large,  and 
of  too  delicate  a  nature,  to  be  brought  within  the  jurisdiction  of 
a  court  of  justice.  Courts,  whether  supreme  or  subordinate,  are 
the  mere  creatures  of  the  sovereign  power,  designed  to  ex- 
pound and  carry  into  effect  its  sovereign  will.  No  independent 
State  ever  yet  submitted  to  a  judge  on  the  bench  the  true  con- 
struction of  a  compact  between  itself  and  another  sovereign. 
All  courts  may  incidentally  take  cognizance  of  treaties,  where 
rights  are  claimed  under  them,  but  who  ever  heard  of  a  court 
making  an  inquiry  into  the  authority  of  the  agents  of  the  high 
contracting  parties  to  make  the  treaty — whether  its  terms  had 
been  fulfilled,  or  whether  it  had  become  void,  on  account  of  a 
breach  of  its  conditions  on  either  side?  All  these  are  political, 
and  not  judicial  questions.  Some  reliance  has  been  placed  on 
those  provisions  of  the  Constitution  which  constitute  "  one  Su- 
preme Court,"  which  provide,  "  that  the  judicial  power  shall 
extend  to  all  cases  in  law  and  equity  arising  under  this  Consti- 
tution, the  laws  of  the  United  States  and  treaties,"  and  which 
declare  "  that  the  Constitution,  and  the  laws  of  the  United 
States,  which  shall  be  made  in  pursuance  thereof,  and  all  treaties, 
&c,  shall  be  the  supreme  law  of  the  land,"  &c.  Now,  as  to  the 
name  of  the  Supreme  Court,  it  is  clear  that  the  term  has  relation 
only  to  its  supremacy  over  the  inferior  courts  provided  for  by 
the  Constitution,  and  has  no  reference  whatever  to  any  suprem- 
acy over  the  sovereign  States.     The  words  are,  "  the  judicial 


462  APPENDIX. 

power  of  the  United  States  shall  be  vested  in  one  Supreme  Court, 
and  such  inferior  courts  as  Congress  may,  from  time  to  time, 
establish,"  &.c.  Though  jurisdiction  is  given  "  in  cases  arising 
under  the  Constitution,"  yet  it  is  expressly  limited  to  "  cases  in 
law  and  equity,"  showing  conclusively  that  this  jurisdiction  was 
incidental  merely  to  the  ordinary  administration  of  justice,  and 
not  intended  to  touch  high  questions  of  conflicting  sovereignty. 
When  it  is  declared  that  the  Constitution  and  the  laws  of  the 
United  States,  "  made  in  pursuance  thereof,  shall  be  the  supreme 
law  of  the  land,"  it  is  manifest  that  no  indication  is  given  either 
as  to  the  power  of  the  Supreme  Court,  to  bind  the  States  by  its 
decisions,  nor  as  to  the  course  to  be  pursued  in  the  event  of  laws 
being  passed  not  in  pursuance  of  the  Constitution.  And  I  beg 
leave  to  call  gentlemen's  attention  to  the  striking  fact,  that  the 
powers  of  the  Supreme  Court  in  relation  to  questions  arising 
under  "  the  laws  and  the  Constitution,"  are  co-extensive  with 
those  arising  under  treaties.  In  all  of  these  cases  the  power  is 
limited  to  questions  arising  in  law  and  equity,  that  is  to  say,  to 
cases  where  jurisdiction  is  incidentally  acquired  in  the  ordinary 
administration  of  justice.  But  as,  with  regard  to  treaties,  the 
Supreme  Court  has  never  assumed  jurisdiction  over  questions 
arising  between  the  sovereigns  who  are  parties  to  it;  so  under 
the  Constitution,  they  cannot  assume  jurisdiction  over  questions 
arising  between  the  individual  States  and  the  United  States. 

But  to  prove,  as  I  think  conclusively,  that  the  judiciary  were 
not  designed  to  act  as  umpires,  it  is  only  necessary  to  observe, 
that,  in  a  great  majority  of  cases,  that  court  could  manifestly 
not  take  jurisdiction  of  the  matters  in  dispute.  Whenever  it 
may  be  designed  by  the  federal  government  to  commit  a  viola- 
tion of  the  Constitution,  it  can  be  done,  and  always  will  be  done 
in  such  a  manner  as  to  deprive  the  court  of  ail  jurisdiction  over 
the  subject.  Take  the  case  of  the  tariff  and  internal  improve- 
ments, whether  constitutional  or  unconstitutional,  it  is  admitted 
that  the  Supreme  Court  have  no  jurisdiction.  Suppose  Con- 
gress should,  for  the  acknowledged  purpose  of  making  an  equal 
distribution  of  the  property  of  the  country,  among  States  or  indi- 
viduals, proceed  to  lay  taxes  to  the  amount  of  $50,000,000  a 
year.  Could  the  Supreme  Court  take  cognizance  of  the  act 
laying  the  tax,  or  making  the  distribution?     Certainly  not. 

Take  another  case  which  is  very  likely  to  occur.  Congress 
have  the  unlimited  power  of  taxation.  Suppose  them  also  to 
assume  an  unlimited  power  of  appropriation.  Appropriations  of 
money  are  made  to  establish  presses,  promote  education,  build 
and  support  churches,  create  an  order  of  nobility,  or  for  any 
other  unconstitutional  object;  it  is  manifest  that,  in  none  of  these 
cases,  could  the  constitutionality  of  the  laws  making  those  grants 
be  tested  before  the  Supreme  Court.  It  would  be  in  vain,  that 
a  State  should  come  before  the  judges  with  an  act  appropriating 
money  to  any  of  these  objects,  and  ask  of  the  court  to  decide 


APPENDIX.  463 

whether  these  grants  were  constitutional.  They  could  not  even 
be  heard;  the  court  would  say  they  had  nothing  to  do  with  it; 
and  they  would  say  rightly.  It  is  idle,  therefore,  to  talk  of  the 
Supreme  Court  affording  any  security  to  the  States,  in  cases 
where  their  rights  may  be  violated  by  the  exercise  of  unconsti- 
tutional powers  on  the  part  of  the  federal  government.  On  this 
subject  Mr.  Madison,  in  his  report,  says:  "But  it  is  objected, 
that  the  judicial  authority  is  to  be  regarded  as  the  sole  expositer 
of  the  Constitution  in  the  last  resort;  and  it  may  be  asked,  for 
what  reason  the  declaration  by  the  General  Assembly,  supposing 
|t  to  be  theoretically  true,  could  be  required  at  the  present  day, 
and  in  so  solemn  a  manner. 

"  On  this  objection  it  might  be  observed,  first,  that  there  may 
be  instances  of  usurped  power,  which  the  forms  of  the  Constitu- 
tion would  never  draw  within  the  control  of  the  judicial  depart- 
ment." 

But  the  proper  answer  to  the  objection  is,  that  the  resolution 
of  the  General  Assembly  relates  to  those  great  and  extraordinary 
cases  in  which  all  the  forms  of  the  Constitution  may  prove  inef- 
fectual against  infractions  dangerous  to  the  essential  rights  of 
the  parties  to  it. 

"  However  true,  therefore,  it  may  be,  that  the  judicial  depart- 
ment is,  in  all  questions  submitted  to  it  by  the  forms  of  the  Con- 
stitution, to  decide  in  the  last  resort,  this  resort  must  necessarily 
be  deemed  the  last  in  relation  to  the  authorities  of  the  other  de- 
partments of  the  government;  not  in  relation  to  the  rights  of  the 
parties  to  the  constitutional  compact,  from  which  the  judicial  as 
well  as  the  other  departments,  hold  their  delegated  trusts.  On 
any  other  hypothesis,  the  delegation  of  judicial  power  would 
annul  the  authority  delegating  it;  and  the  concurrence  of  this 
department  with  the  others  in  usurped  powers,  might  subvert  for- 
ever, and  beyond  the  possible  reach  of  any  rightful  remedy,  the 
very  Constitution  which  all  were  instituted  to  preserve." 

If,  then,  the  Supreme  Court  are  not,  and,  from  their  organiza- 
tion, cannot,  be  the  umpires  in  questions  of  conflicting  sover- 
eignty, the  next  point  to  be  considered  is,  whether  Congress 
themselves  possess  the  right  of  deciding  conclusively  on  the  ex- 
tent of  their  own  powers.  This,  I  know,  is  a  popular  notion,, 
and  it  is  founded  on  the  idea,  that  as  all  the  States  are  repre- 
sented here,  nothing  can  prevail  which  is  not  in  conformity  with 
the  will  of  the  majority — and  it  is  supposed  to  be  a  republican 
maxim,  "  that  the  majority  must  govern." 

Now  will  any  one  contend  that  it  is  the  true  spirit  of  this  gov- 
ernment, that  the  will  of  a  majority  of  Congress  should,  in  all 
cases,  be  the  supreme  law  ?  If  no  security  was  intended  to  be 
provided  for  the  rights  of  the  States,  and  the  liberty  of  the  citi- 
zens, beyond  the  mere  organization  of  the  federal  government, 
we  should  have  had  no  written  Constitution,  but  Congress  would 
have  been  authorized  to  legislate  for  us,  in  all  cases  whatsoever; 


464  APPENDIX. 

and  the  acts  of  our  State  legislatures,  like  those  of  the  present 
legislative  councils  in  the  territories,  would  have  been  subjected 
to  the  revision  and  control  of  Congress.  l{  the  will  of  a  majority 
of  Congress  is  to  be  the  supreme  law  of  the  land,  it  is  clear  the 
Constitution  is  a  dead  letter,  and  has  utterly  failed  of  the  very 
object  for  which  it  was  designed — the  protection  of  the  rights  of 
the  minority.  But  when,  by  the  very  terms  of  the  compact,  strict 
limitations  are  imposed  on  every  branch  of  the  federal  govern- 
ment, and  it  is,  moreover,  expressly  declared,  that  all  powers, 
not  granted  to  them,  "  are  reserved  to  the  States  or  the  people," 
with  what  show  of  reason  can  it  be  contended,  that  the  federal 
government  is  to  be  the  exclusive  judge  of  the  extent  of  its  own 
powers?  A  written  Constitution  was  resorted  to  in  this  country, 
as  a  great  experiment,  for  the  purpose  of  ascertaining  how  far 
the  rights  of  a  minority  could  be  secured  against  the  encroach- 
ments of  majorities — often  acting  under  party  excitement,  and 
not  unfrequently  under  the  influence  of  strong  interests.  The 
moment  that  Constitution  was  formed,  the  will  of  the  majority 
ceased  to  be  the  law,  except  in  cases  that  should  be  acknowledged 
by  the  parties  to  it  to  be  within  the  Constitution,  and  to  have  been 
thereby  submitted  to  their  will.  But  when  Congress  (exercising 
a  delegated  and  strictly  limited  authority)  pass  beyond  these 
limits,  their  acts  become  null  and  void;  and  must  be  declared  to 
be  so  by  the  courts,  in  cases  within  their  jurisdiction;  and  may 
be  pronounced  to  be  so,  by  the  States  themselves,  in  cases  not 
within  the  jurisdiction  of  the  courts,  of  sufficient  importance  to 
justify  such  an  inference. 

But  what  then?  asks  the  gentleman.  A  State  is  brought  into 
collision  with  the  United  States,  in  relation  to  the  exercise  of  un- 
constitutional powers:  who  is  to  decide  between  them?  Sir,  it  is 
the  common  case  of  difference  of  opinion  between  sovereigns, 
as  to  the  true  construction  of  a  compact..  Does  such  a  difference 
of  opinion  necessarily  produce  war?  No.  And  if  not,  among 
rival  nations,  why  should  it  do  so  among  friendly  States?  In  all 
such  cases,  some  mode  must  be  devised  by  mutual  agreement, 
for  settling  the  difficulty:  and  most  happily  for  us,  that  mode  is 
clearly  indicated  in  the  Constitution  itself,  and  results  indeed 
from  the  very  form  and  structure  of  the  government.  The  cre- 
ating power  is  three-fourths  of  the  States.  By  their  decision,  the 
parties  to  the  compact  have  agreed  to  be  bound,  even  to  the  ex- 
tent of  changing  the  entire  form  of  the  government  itself;  and  it 
follows  of  necessity,  that  in  case  of  a  deliberate  and  settled  dif- 
ference of  opinion  between  the  parties  to  the  compact,  as  to  the 
extent  of  the  powers  of  either,  resort  must  be  had  to  their  com- 
mon superior — (that  power  which  may  give  any  character  to  the 
Constitution  they  may  think  proper) — viz:  three-fourths  of  the 
States. 

But  it  has  been  asked,  why  not  compel  a  State,  objecting  to  the 
constitutionality  of  a  law,  to  appeal  to  her  sister  States,  by  a 


APPENDIX.  1G5 

proposition  to  amend  the  Constitution?  I  answer, because,  such 
a  course  would,  in  the  first  instance,  admit  the  exercise  of  an 
unconstitutional  authority,  which  the  States  are  not  bound  to 
submit  to,  even  for  a  day,  and  because  it  would  be  absurd  to  sup- 
pose that  any  redress  would  ever  be  obtained  by  such  an  appeal, 
even  if  a  State  were  at  liberty  to  make  it.  If  a  majority  of  both 
Houses  of  Congress  should,  from  any  motive,  be  induced  delib- 
erately, to  exercise  "powers  not  granted,"  what  prospect  would 
there  be  of  "  arresting  the  progress  of  the  evil,"  by  a  vote  of 
three-fourths?  But  the  Constitution  does  not  permit  a  minority 
to  submit  to  the  people  a  proposition  for  an  amendment  of  the 
Constitution.  Such  a  proposition  can  only  come  from  "  two- 
thirds  of  the  two  Houses  of  Congress,  or  the  legislatures  of  two- 
thirds  of  the  States."  It  will  be  seen  therefore,  at  once,  that  a 
minority,  whose  constitutional  rights  are  violated,  can  have  no 
redress  by  an  amendment  of  the  Constitution.  When  any  State 
is  brought  into  direct  collision  with  the  federal  government,  in 
the  case  of  an  attempt,  by  the  latter,  to  exercise  unconstitutional 
powers,  the  appeal  must  be  made  by  Congress,  (the  party  pro- 
posing to  exert  the  disputed  power,)  in  order  to  have  it  expressly 
conferred,  and,  until  so  conferred,  the  exercise  of  such  authority 
must  be  suspended.  Even  in  cases  of  doubt,  such  an  appeal  is 
due  to  the  peace  and  harmony  of  the  government.  On  this  sub- 
ject our  present  chief  magistrate,  in  his  opening  message  to  Con- 
gress, says:  "  I  regard  an  appeal  to  the  source  of  power ,  in  cases 
of  real  doubt,  and  where  its  exercise  is  deemed  indispensable  to 
the  general  welfare,  as  among  the  most  sacred  of  all  our  obliga- 
tions. Upon  this  country,  more  than  any  other,  has,  in  the  prov- 
idence of  God,  been  cast  the  special  guardianship  of  the  great 
principle  of  adherence  to  written  Constitutions.  If  it  fail  here, 
all  hope  in  regard  to  it  will  be  extinguished.  That  this  was  in- 
tended to  be  a  government  of  limited  and  specific,  and  not  gen- 
eral powers,  must  be  admitted  by  all ;  and  it  is  our  duty  to  pre- 
serve for  it  the  character  intended  by  its  framers.  The  scheme 
has  worked  well.  It  has  exceeded  the  hopes  of  those  who  de- 
vised it,  and  become  an  object  of  admiration  to  the  world.  Noth- 
ing is  clearer,  in  my  view,  than  that  we  are  chiefly  indebted  for 
the  success  of  the  Constitution  under  which  we  are  now  acting, 
to  the  watchful  and  auxiliary  operation  of  the  State  authorities. 
This  is  not  the  reflection  of  a  day,  but  belongs  to  the  most  deeply 
rooted  convictions  of  my  mind,  I  cannot,  therefore,  too  strongly 
or  too  earnestly,  for  my  own  sense  of  its  importance,  warn  you 
against  all  encroachments  upon  the  legitimate  sphere  of  State 
sovereignty.  Sustained  by  its  healthful  and  invigorating  influ- 
ence, the  federal  system  can  never  fail." 

I  have  already  shown,  that  it  has  been  fully  recognized  by  the 

Virginia  resolutions  of  '98,  and  by  Mr.  Madison's  report  on  these 

resolutions,  that  it  is  not  only  "the  right,  but  the   duty  of  the 

States,"  to  "judge  of  infractions  of  the  Constitution,"  and  "to 

59 


466  APPENDIX. 

interpose  for  maintaining  ivithin  their  limits  the  authorities,  rights, 
and  liberties,  appertaining  to  them." 

Mr.  Jefferson,  on  various  occasions,  expressed  himself  in  lan- 
guage equally  strong.  In  the  Kentucky  resolutions  of  '98,  pre- 
pared by  him,  it  is  declared  that  the  federal  government  "  was 
not  made  the  exclusive  and  final  judge  of  the  extent  of  the  pow- 
ers delegated  to  itself,  since  that  would  have  made  its  discretion, 
and  not  the  Constitution,  the  measure  of  its  powers,  but  that,  as 
in  all  other  cases  of  compact  among  parties  having  no  common 
judge,  each  party  has  an  equal  right  to  judge  for  itself,  as  well 
of  infractions  as  the  mode  and  measure  of  redress." 

In  the  Kentucky  resolutions  of  '99,  it  is  even  more  explicitly 
declared,  "  that  the  several  States  which  formed  the  Constitution, 
being  sovereign  and  independent,  have  the  unquestionable  right 
to  judge  of  its  infraction,  and  that  a  nidlifi cation  by  those  sover- 
eignties of  all  unauthorized  acts  done  under  color  of  that  instru- 
ment, is  the  rightful  remedy." 

But  the  gentleman  says,  this  right  will  be  dangerous.  Sir,  I 
insist,  that  of  all  the  checks  that  have  been  provided  by  the  Con- 
stitution, this  is  by  far  the  safest,  and  the  least  liable  to  abuse. 

But  there  is  one  point  of  view,  in  which  this  matter  presents 
itself  to  my  mind  with  irresistible  force.  The  Supreme  Court,  it 
is  admitted,  may  nullify  an  act  of  Congress,  by  declaring  it  to  be 
unconstitutional.  Can  Congress,  after  such  a  nullification,  pro- 
ceed to  enforce  the  law,  even  if  they  should  differ  in  opinion  from 
the  court?  What  then  would  be  the  effect  of  such  a  decision? 
And  what  would  be  the  remedy  in  such  a  case  ?  Congress  would 
be  arrested  in  the  exercise  of  the  disputed  power,  and  the  only 
remedy  would  be,  an  appeal  to  the  creating  power,  three-fourths 
of  the  States,  for  an  amendment  to  the  Constitution.  And  by 
whom  must  such  an  appeal  be  made?  It  must  be  made  by  the 
party  proposing  to  exercise  the  disputed  power.  Now  I  will  ask, 
whether  a  sovereign  State  may  not  be  safely  entrusted  with  the 
exercise  of  a  power,  operating  merely  as  a  check,  which  is  ad- 
mitted to  belong  to  the  Supreme  Court,  and  which  may  be  exer- 
cised every  day,  by  any  three  of  its  members.  Sir,  no  ideas  that 
can  be  formed  of  arbitrary  power  on  the  one  hand,  and  abject 
dependence  on  the  other,  can  be  carried  further,  than  to  suppose, 
that  three  individuals,  mere  men,  "  subject  to  like  passions  with 
ourselves,"  may  be  safely  entrusted  with  the  power  to  nullify  an 
act  of  Congress,  because  they  conceive  it  to  be  unconstitutional; 
but  that  a  sovereign  and  independent  State,  even  the  great  State 
of  New  York,  is  bound,  implicitly,  to  submit  to  its  operation, 
even  where  it  violates,  in  the  grossest  mannner,  her  own  rights, 
or  the  liberties  of  her  citizens.  But  we  do  not  contend  that  a 
common  case  would  justify  the  interposition. 

This  is  "  the  extreme  medicine  of  the  State,"  and  cannot  be- 
come our  daily  bread. 

Mr.  Madison,  in  his  report  says,  "  it  does  not  follow,  however, 
that  because  the  States,  as  sovereign  parties  to  their  constitu- 


APPENDIX.  467 

tional  compact,  must  ultimately  decide  whether  it  has  been  vio- 
lated, that  such  a  decision  ought  to  be  interposed,  either  in  a 
hasty  manner,  or  on  doubtful  and  inferior  occasions. 

"  The  resolution  has,  accordingly,  guarded  against  any  mis- 
apprehension of  its  object,  by  expressly  requiring,  for  such  an 
interposition,  '  the  case  of  a  deliberate,  palpable,  and  dangerous 
breach  of  the  Constitution,  by  the  exercise  of  powers  not  granted 
by  it.' 

"  But  the  resolution  has  done  more  than  guard  against  mis- 
construction, by  expressly  referring  to  cases  of  a  deliberate,  pal- 
pable, and  dangerous  nature.  It  specifies  the  object  of  the  inter- 
position which  it  contemplates  to  be  solely  that  of  arresting  the 
progress  of  the  evil  of  usurpation^  and  of  maintaining  the  author- 
ities, rights,  and  liberties  appertaining  to  the  States,  as  parties 
to  the  Constitution." 

No  one  can  read  this,  without  perceiving  that  Mr.  Madison 
goes  the  whole  length,  in  support  of  the  principles  for  which  I 
have  been  contending. 

The  gentleman  has  called  upon  us  to  carry  out  our  scheme 
practically.  Now,  sir,  if  I  am  correct  in  my  view  of  this  matter, 
then  it  follows,  of  course,  that  the  right  of  a  State  being  estab- 
lished, the  federal  government  is  bound  to  acquiesce  in  a  solemn 
decision  of  a  State,  acting  in  its  sovereign  capacity,  at  least  so 
far  as  to  make  an  appeal  to  the  people  for  an  amendment  of  the 
Constitution.  This  solemn  decision  of  a  State,  (made  either 
through  its  legislature  or  a  Convention,  as  may  be  supposed  to 
be  the  proper  organ  of  its  sovereign  will — a  point  I  do  not  pro- 
pose now  to  discuss,)  binds  the  federal  government  under  the 
highest  constitutional  obligation,  not  to  resort  to  any  means  of 
coercion  against  the  citizens  of  the  dissenting  State.  How  then 
can  any  collision  ensue  between  the  federal  and  State  govern- 
ments, unless,  indeed,  the  former  should  determine  to  enforce 
the  law  by  unconstitutional  means? 

Sir,  I  will  put  the  case  home  to  the  gentleman.  Is  there  any 
violation  of  the  constitutional  rights  of  the  States,  and  the  liber- 
ties of  the  citizens,  (sanctioned  by  Congress  and  the  Supreme 
Court,)  which  he  would  believe  it  to  be  the  right  and  duty  of  a 
State  to  resist  ?  Does  he  contend  for  the  doctrine  "  of  passive 
obedience  and  non-resistance  ?  Would  he  justify  an  open  resist- 
ance to  an  Act  of  Congress  sanctioned  by  the  Courts,  which 
should  abolish  the  trial  by  jury,  or  destroy  the  freedom  of  reli- 
gion, or  the  freedom  of  the  press?  Yes,  sir,  he  would  advocate 
resistance  in  such  cases;  and  so  would  I,  and  so  would  all  of 
us.  But  such  resistance  would,  according  to  his  doctrine,  be 
revolution :  it  would  be  rebellion.  According  to  my  opinion  it 
would  be  just,  legal,  and  constitutional  resistance.  The  whole 
difference  between  us,  then,  consists  in  this:  the  gentleman 
would  make  force  the  only  arbiter  in  all  cases  of  collision  be- 
tween the  States  and  the  federal  government.  I  would  resort  to 
1  peaceful  remedy — the  interposition  of  the  State  to  "arrest  the 


468  APPENDIX. 

progress  of  the  evil,"  until  such  times  as  "  a  convention,  (as- 
sembled at  the  call  of  Congress  or  two-thirds  of  the  several 
States,)  shall  decide  to  which  they  mean  to  give  an  authority 
claimed  by  two  of  their  organs."  Sir,  I  say  with  Mr.  Jefferson, 
(whose  words  I  have  here  borrowed,)  that  u  it  is  the  peculiar 
wisdom  and  felicity  of  our  Constitution,  to  have  provided  this 
peaceable  appeal,  where  that  of  other  nations,"  (and  I  may  add 
that  of  the  gentleman,)  "  is  at  once  to  force." 
#         #         # 

Mr.  Webster  (in  some  closing  remarks  said):  A  few  words 
on  the  constitutional  argument,  which  the  honorable  gentleman 
(Mr.  Hayne)  labored  to  reconstruct. 

His  argument  consists  of  two  propositions,  and  an  inference. 
His  propositions  are — 1.  That  the  Constitution  is  a  compact  be- 
tween the  States.  2.  That  a  compact  between  two,  with  au- 
thority reserved  to  one  to  interpret  its  terms,  would  be  a  surrender 
to  that  one,  of  all  power  whatever.  3.  Therefore,  (such  is  his 
inference,)  the  General  Government  does  not  possess  the  author- 
ity to  construe  its  own  powers. 

Now,  sir,  who  does  not  see,  without  the  aid  of  exposition  or 
detection,  the  utter  confusion  of  ideas,  involved  in  this,  so  elab- 
orate and  systematic  argument? 

The  Constitution,  it  is  said,  is  a  compact  between  States :  the 
States,  then,  and  the  States  only,  are  parties  to  the  compact.  How 
comes  the  general  government  itself  a  party?  Upon  the  honor- 
able gentleman's  hypothesis,  the  general  government  is  the  result 
of  the  compact,  the  creatures  of  the  compact,  not  one  of  the 
parties  to  it.  Yet  the  argument,  as  the  gentleman  has  now  stated 
it,  makes  the  government  itself  one  of  its  own  creators.  It  makes 
it  a  party  to  that  compact  to  which  it  owes  its  own  existence. 

For  the  purpose  of  erecting  the  Constitution  on  the  basis  of  a 
compact,  the  gentleman  considers  the  States  as  parties  to  that 
compact;  but  as  soon  as  his  compact  is  made,  then  he  chooses 
to  consider  the  general  government,  which  is  the  offspring  of  that 
compact,  not  its  offspring,  but  one  of  its  parties;  and  so,  being 
a  party,  has  not  the  power  of  judging  on  the  terms  of  compact. 

If  the  whole  of  the  gentleman's  main  proposition  were  con- 
ceded to  him,  that  is  to  say — if  I  admit  for  the  sake  of  the  argu- 
ment, that  the  Constitution  is  a  compact  between  States,  the  in- 
ferences, which  he  draws  from  that  proposition,  are  warranted  by 
no  just  reason.  Because,  if  the  Constitution  be  a  compact  be- 
tween States,  still,  that  Constitution,  or  that  compact,  has  estab- 
lished a  government,  with  certain  powers;  and  whether  it  be 
one  of  those  powers,  that  it  shall  construe  and  interpret  for  itself, 
the  terms  of  the  compact,  in  doubtful  cases,  can  only  be  decided 
by  looking  to  the  compact,  and  inquiring  what  provisions  it  con- 
tains on  this  point.  Without  any  inconsistency  with  natural 
reason,  the  government,  even  thus  created,  might  be  trusted 
with  this  power  of  construction.  The  extent  of  its  powers, 
therefore,  must  still  be  sought  for  in  the  instrument  itself. 


APPENDIX.  469 

If  the  old  confederation  had  contained  a  clause,  declaring  that 
resolutions  of  the  Congress  should  be  the  supreme  law  of  the 
land,  any  State  law  or  Constitution  to  the  contrary  notwithstand- 
ing, and  that  a  committee  of  Congress,  or  any  other  body  created 
by  it,  should  possess  judicial  powers,  extending  to  all  cases  arising 
under  resolutions  of  Congress,  then  the  power  of  ultimate 
decision  would  have  been  vested  in  Congress,  under  the  confed- 
eration, although  that  confederation  was  a  compact  between 
States;  and,  for  this  plain  reason*  that  it  would  have  been  com- 
petent to  the  States,  who  alone  were  parties  to  the  compact,  to 
agree,  who  should  decide,  in  cases  of  dispute  arising  on  the  con- 
struction of  the  compact. 

For  the  same   reason,  sir,  if  I   were   now  to  concede  to  the 
gentleman  his  principal   propositions,  viz:  that  the  Constitution 
is  a  compact  between  States,  the    question  would  still  be,  what 
provision  is  made,  in  this  compact,  to  settle   points  of  disputed 
construction,  or  contested   power,  that  shall   come  into  contro- 
versy ?  and  this  question  would  still  be  answered,  and  conclusively 
answered,  by  the  Constitution  itself.     While  the   gentleman  is 
contending  against  construction,  he  himself  is  setting  up  the  most 
loose  and  dangerous  construction.     The  Constitution   declares, 
that  the  laws  of  Congress  shall  be  the  supreme  law  of  the  land. — 
No  construction  is  necessary  here.     It  declares,  also,  with  equal 
plainness   and    precision,  that    the  judicial  poiccr  of  the   United 
States   shall   extend   to  every    case  arising  under  the  laws  of  Con- 
gress.    This  needs  no  construction.     Here  is  a  law,  then,  which 
is  declared  to  be  supreme;  and  here  is  a  power  established,  which 
is  to   interpret  that   law.     Now,  sir,  how  has  the   gentlemen  met 
this?     Suppose  the  Constitution  to  be  a  compact,  yet  here  are  its 
terms  and  how  does  the  gentleman  get  rid  of  them?     He  cannot 
argue  the  seal  off  the  bond,  nor  the  words  out  of  the  instrument. 
Here  they  are — what  answer  does  he  give  to  them?     None  in  the 
world,  sir,  except,  that  the  effect  of  this  would  be  to  place  the 
States  in  a  condition  of  inferiority;  and  because  it  results,  from 
the  very  nature  of  things,  there  being  no  superior,  that  the  parties 
must  be  their  own  judges.     Thus  closely  and  cogently  does  the 
honorable  gentleman  reason  on  the  words  of  the  Constitution. 
The  gentleman  says,  if  there  be  such  a  power  of  final  decision 
in  the  general  government,  he   asks  for  the  grant  of  that  power. 
Well,  sir,  I  show  him  the  grant — I  turn  him  to  the  very  words — 
I  show  him  that  the  laws  of  Congress  are  made  supreme;  and 
that  the  judicial  power  extends,  by  express  words,  to  the  inter- 
pretation of  these  laws.     Instead  of  answering  this,  he  retreats 
into  the  general  reflection,  that  it  must  result  from  the  nature  of 
things,that  the  States,  being  the  parties,  must  judge  for  themselves. 
I  have  admitted,  that,  if  the  Constitution  were  to  be  considered 
as  the  creature  of  the  State  Governments,  it  might  be  modified, 
interpreted,  or  construed,  according  to  their  pleasure.     But,  even 
in  that  case,  it  would  be  necessary  that  they  should  agree.     One, 
alone,  could  not  interpret  it  conclusively,  one,  alone,  could  not 


470  APPENDIX. 

construe  it;  one  alone,  could  not  modify  it.  Yet  the  gentleman's 
doctrine  is,  that  Carolina,  alone,  may  construe  and  interpret  that 
compact  which  equally  binds  all,  and  gives  equal  rights  to  all. 

So  then,  sir,  even  supposing  the  Constitution  to  be  a  compact 
between  the  States,  the  gentleman's  doctrine,  nevertheless,  is  not 
maintainable;  because,  first,  the  general  government  is  not  a 
party  to  that  compact,  but  a  Government  established  by  it,  and 
vested  by  it  with  the  powers  of  trying  and  deciding  doubtful 
questions;  and,  secondly,  because,  if  the  Constitution  be  re- 
garded as  a  compact,  not  one  State  only,  but  all  the  States,  are 
parties  to  that  compact,  and  one  can  have  no  right  to  fix  upon  it 
her  own  peculiar  construction. 

So  much,  sir,  for  the  argument,  even  if  the  premises  of  the 
gentleman  were  granted,  or  could  be  proved.  But,  sir,  the  gen- 
tleman has  failed  to  maintain  his  leading  proposition.  He  has 
not  shown,  it  cannot  be  shown,  that  the  Constitution  is  a  compact 
between  State  governments.  The  Constitution  itself,  in  its  very 
front,  refutes  that  proposition:  it  declares  that  it  is  ordained  and 
established  by  the  People  of  the  United  States.  So  far  from  say- 
ing that  it  is  established  by  the  governments  of  the  several  States, 
it  does  not  even  say  that  it  is  established  by  the  People  of  the 
several  States :  but  it  pronounces  that  it  is  established  by  the 
People  of  the  United  States,  in  the  aggregate.  The  gentleman 
says,  it  must  mean  no  more  than  that  the  People  of  the  several 
States,  taker?  collectively,  constitute  the  People  of  the  United 
States;  be  it  so,  but  it  is  in  this,  their  collective  capacity,  it  is  as 
all  the  People  of  the  United  States,  that  they  establish  the  Con- 
stitution. So  they  declare;  and  words  cannot  be  plainer  than 
the  words  used. 

When  the  gentleman  says,  the  Constitution  is  a  compact  be- 
tween the  States,  he  uses  language  exactly  applicable  to  the  old 
confederation.  He  speaks  as  if  he  were  in  Congress  before  1789. 
He  describes  fully  that  old  state  of  things  then  existing.  The 
confederation  was,  in  strictness,  a  compact;  the  States,  as  States, 
were  parties  to  it.  We  had  no  other  general  government.  But 
that  was  found  insufficient,  and  inadequate  to  the  public  exigen- 
cies. The  people  were  not  satisfied  with  it,  and  undertook  to 
establish  a  better.  They  undertook  to  form  a  general  govern- 
ment, which  should  stand  on  a  new  basis — not  a  confederacy,  not 
a  league,  not  a  compact  between  States,  but  a  Constitution:  a 
popular  government,  founded  in  popular  election,  directly  respon- 
sible to  the  people  themselves,  and  divided  into  branches,  with 
prescribed  limits  of  power,  and  prescribed  duties.  They  ordained 
such  a  government:  they  gave  it  the  name  of  a  Constitution,  and 
therein  they  established  a  distribution  of  powers  between  this, 
their  general  government,  and  their  several  State  governments. 
When  they  shall  become  dissatisfied  with  this  distribution,  they 
can  alter  it.  Their  own  power  over  their  own  instrument  re- 
mains. But  until  they  shall  alter  it,  it  must  stand  as  their  will,  and 
is  equally  binding  on  the  general  government  and  on  the  States. 


INDEX 


ADAMS,  JOHN    Vice  President,  page  17. 

his  Speech  when  sworn  into  office,  17,  18. 

in  favor  of  Navy.  89,  95. 

elected  President  in  1797,  91. 

his  policy  and  measures  similar  to  Washington,  91. 

his  praise  of  Washington,  92. 

in  his  presidency,  difficulties  with  France,  93,  105. 

his  efforts  to  maintain  peace  with  France,  94. 

his  missions  to  France,  96,  98. 

his  policy  towards  France  in  1798,  98,  103,  105. 
approved  by  Congress,  108,  113. 

his  last  annua!  address  to  Congress,  114. 

his  administration  closed  prosperously,  114,  115. 

his  death  noticed,  331. 
ADAMS,  JOHN  Q.     chosen  President,  305. 

elected  by  House  of  Representatives,  305. 

his  superior  talents  and  experience  as  a  statesman,  305. 

his  political  views.  305,  306. 

in  favor  of  a  liberal  construction  of  Constitution,  306, 307,  312, 313,  358. 

differed  in  some  respects  from  Mr.  Monroe  as  to  State  rights,  306. 

unjust  prejudices  against,  306. 

his  appointments  judicious  and  impartial,  306. 

his  praise  of  President  Monroe,  306. 

his  fidelity  and  magnanimious  policy,  307. 

prosperous  state  of  the  Union,  at  his  election,  308,  309. 

his  negotiations  with  Great  Britain,  308. 

his  views  of  the  South  American  republics,  316,  318,  346. 

Message  relating  to  Georgia  and  Indians,  338. 
opposition  to  it,  317. 

his  opinion  on  the  Tariff,  356,  357. 
AGRICULTURE,     interests  of,  stated  by  Mr.  Monroe,  247. 
ALABAMA,  State  of  admitted,  263. 

ALGIERS     and  other  Barbary  powers.  122,  124,  127,  132,  135,  137.  232. 
ALIEN  AND  SEDITION  LAWS,  102. 
ALIENS     too  easily  admitted  citizens,  139. 
AMERICAN  SYSTEM,  389,  340. 
AMENDMENTS     to  Constitution,  26,  27,  269. 
proposed,  322. 

BANK  OF  UNITED  STATES    established,  36. 
expires  and  not  removed,  178. 

proposed  in  1814,  and  approved  by  two  Houses  of  Congress,  222. 
disapproved  by  Mr  Madison,  222,  223. 
incorporated  in  1816,  233. 
provisions  and  period  of,  234. 
useful  to  regulate  the  currency,  235. 
President  Jackson  opposed  to,  378,  394. 
bill  to  renew,  negatived  by  him,  389. 
examination  of,  261. 
reported  to  be  correct  and  safe,  261,  410. 
President  Jackson  early  opposed  to,  378,  389. 
not  injurious,  but  useful,  378,  379,  394. 
McLane,  Secretary  of  Treasury,  in  favor  of,  394. 
opinion  in  favor  of,  in  Philadelphia,  395. 


472  index. 

BANK  OF  UNITED  STATES,  public  funds  removed  from,  403, 

congress  a  majority  in  favor  of,  388,  389,  403,  410. 

President  Jackson  opposed  to,  394,  402,  418. 
BANKS,    of  States,  bills  of  not  received  unless  redeemed,  241. 

whether  subject  to  regulation  by  federal  government,  241.      • 

numerous  in  1816  and  1817,242,  265,  267. 

utility  of,  if  well  conducted.  242 

unable  to  pay  specie,  265,  267. 

made  places  of  deposit  of  funds  of  United  States,  418,  419. 
BANKRUPT  LAW,  109,  269,  275,  284,  322,  326,  335. 
BARBOUR,     Secretary  of  War,  his  system  of  treating  the  Indian  tribes,  361. 

in  favor  of  their  removal,  361. 
PURR  AARON.   Vice  President.  118,  137. 

his  conspiracy,  143,  144,  153,  164. 

CALHOUN  JOHN  C,  of  South  Carolina,  in  favor  of  enlarged  policy  and  liberal 
construction  of  Constitution,  237. 

resolutions  on  State  rights,  398. 
CANADA,  invaded  in  war  of  1812,  184, 197. 

invasion  of,  unsuccessful,  191,  192,204,  211,  218. 

invasion  of,  in  1813,  204. 

war  on  the  borders  of,  208,  212. 

invasion  of,  unpopular,  212. 

a  new  invasion  of,  unsuccessful,  218. 

many  lives  lost  in  the  expeditions  of,  218. 
CARROLL  CHARLES,  last  signer  of  Declaration  of  Independence,  privilege  of 

franking,  352. 
CHASE,  Judge  of  Supreme  Court  of  United  States  impeached,  133. 

acquitted,  134. 
CHESAPEAKE  FRIGATE,  attacked  by  a  British  ship  of  war,  148,  149. 

extra  session  of  Congress  for,  150. 

negotiations  on,  151. 

President  Jefferson's  opinion  of  the  attack  on,  152. 
CINCINNATI  SOCIETY,  one  of  its  fundamental  principles,  77. 
CLAY  HENRY,  of  Kentucky,    favored  a   recognition  of  South    American   re- 
publics, 257,  264. 
COMMERCE,  early  regulated  and  encouraged,  20,  68. 

embarrassed  by  foreign  nations,  179,  180,  243. 

state  of,  in  1816,  234. 

amount  great  engaged  in,  234. 

depressed  by  British  monopolizing  regulations,  243. 
remedies  to  prevent  proposed,  244. 

with  foreign  nations  proposed  on  principles  of  reciprocity,  300,  301. 
CONFEDERATION,  imperfect  and  inefficient,  10. 
CONSTITUTION  formed  and  adopted.  9. 

approved  by  the  people  acting  by  States,  10,  11. 

amendments  of,  10,  68,  131,  298. 
proposed,  322. 

power  given  by  it  to  federal  government  limited,  227,  228. 

no  security  to  liberty,  if  not  limited  and  obeyed,  228. 
COURTS,  federal,  new  modelled,  116,  122,  124. 

proposal  to  allow  appeals  from  to  Senate,  286,  324. 

proposition  to  enlarge,  378. 
CURRENCY  to  be  regulated  by  Congress,  241,  243. 

Bank  of  United  States  favorable  to  a  uniform,  243. 

effect  on,  bv  experiments  of  General  Jackson,  442. 
CUMBERLAND  ROAD,  expenses  of,  265,  390. 

extended,  265,  296,  323,  390. 

opinion  of  Jefferson,  Madison  and  Monroe  of,  323,  390. 

opinion  of  Jackson  of,  390,  411. 

DEBT  NATIONAL,  21,  33,  45,  230,  263. 
funding  of,  52. 

reduction  of,  urged  by  Washington,  77. 
large  in  1815,-230,  233,  245,  252,  2J0,  272,  282,  329,  346,  347. 


INDEX.  473 


DEBT  National,  plan  for  reducing,  233,  245. 

much  reduced,  302. 

paid  off,  430. 
DEBTS  of  States  assumed,  31,  32,  33. 
DEBATES  in  Congress  with  open  doors,  39,  40. 

great  range  in,  381. 
DEFAULTERS  Public,  to  be  removed,  84. 
DUANE,  partial  conduct  of  Mr.  Jefferson  to,  121. 
DUTIES  on  Tea,  Coffee,  &c.,  rates  of,  reduced,  379. 


EMBARGO  in  1807,  without  limitation,  157. 

objections  to,  and  sufferings  by,  158, 162, 1G5,  166,  215. 
ENGLAND,  restrictions  on  trade  and  navigation,  48. 

negotiations  with,  37,  45,  48. 

retains  forts,  45. 

depredations  on  American  navigation,  63. 

impressments  by,  of  American  Seamen,  64. 

dispute  with,  as  to  the  terms  of  treaty  of  1794, — 121. 

and  France  interfere  with  neutral  rights,  141. 

negotiations  with,  146,  166,  171,  172. 

treaty  with,  rejected  by  Mr.  Jefferson,  146,  156. 

negotiations  with,  declined,  160. 

non-intercourse  with,  169,  174,  216. 

treaty  signed  by  its  ministers  disapproved,  170. 

new  disputes  with,  in  1809,-172,  173. 

Envoy  of,  leaves  Washington,  173. 
"        his  improper  charge  against  the  President,  173. 

attempts  to  preserve  peace  with,  176. 

complains  of*  French  duplicity,  176. 

War  declared  against,  180, 181. 

proposals  from,  for  cessation  of  hostilities,  197. 

Orders  in  Council,  204. 
"       repealed,  204, 207. 

disputes  with,  continued  and  reasons  for,  213,  366,  368 

peace  made  with,  217. 

Commercial  Convention  with,  231. 

proposals  to,  for  Commercial  intercourse,  244, 

dispute  with,  of  Eastern  boundary,  299,  344,  353. 

trade  with,  reciprocity  claimed,  300,  308,  327. 

Commercial  intercourse  with,  250,  259. 

reciprocity  of,  desired,  327,  376,  377. 

declines  to  treat  on  liberal  terms,  332,  344. 

outlines  of  proposals  to,  for  treaty,  332. 

agrees  to  pay  for  Slaves,  333. 

trade  to  its  Colonies,  335,  342,  344,  376,  359. 

different  terms  of  a  treaty  with,  335,  359,  376. 

Boundary  between,  and  United  States,  344,  353,  387, 393. 

Commercial  treaty  with,  385,  393,  387. 

Boundary  line  of,  Northeast,  393. 

unsettled,  313,  413,  414,  415,  416. 

claims  of,  about  line,  414,  415,  416. 
EXCISE  on  distilled  spirits,  41,  70. 

opposition  to,  55,  74,  104. 

on  carriages,  70. 
EXPENSES  Public,  estimation  of,  in  1789,  27. 
"      in  1837,  441. 

great  for  Public  Printing,  441. 

FINANCE,  early  attention  of  Congress  to,  20,  29,  40,  51. 

in  1800,  116,  125. 

low  state  of,  179,  180,  201,  214,  274. 

public  improved,  245,  252,  309. 

state  of,  326,  329, 346,  355,  380,  389,  418. 

great  expenditures,  420,  428. 
FISHERIES  encouraged,  46. 

60 


474  INDEX. 

FLORIDA,  claimed  by  the  United  States,  134, 135, 177,  239, 240, 250, 252, 231,  285. 
taken  possession  of,  177. 
invasion  of,  by  Gen.  Jackson,  357. 
expenses  of  war  in,  428,  440. 
many  lives  lost  there,  440,  441. 
FORTS  repaired  and  new  ones  built,  100. 
FRANCE,  revolutionary  excesses  in,  58. 

minister  of,  interferes  with  American  government,  58,  59. 

**        his  disrespect  to  Washington,  59,  61. 
neutral  policy  towards,  GO. 
minister  of,  recalled,  88. 
difficulties  with,  89,  93,  103. 
efforts  for  friendly  intercourse  with,  94,  103. 
Envoy  sent  to,  for  preserving  peace,  96. 
failure  of  negotiations  with,  97. 
defensive  measures  against,  98, 100. 

mistakes  the  character  of  American  people  and  government,  98,  99. 
overtures  from,  to  negotiate,  105,  113,  292. 
expense  of  defensive  measures  against,  112,  113. 
negotiations  with,  in  1801,   121. 
Louisiana  purchased  of,  128,  129. 

and  England  interfere  with  neutral  rights,  141,  156,  160. 
depredates  on  neutral  rights,  158. 
non-intercourse  with,  174. 
Convention  with,  292,  344. 
negotiations  with,  344. 
Emperor  of,  dictating  to  the  United  States,  175,  180. 

«         equivocation  of,  176,  196. 

14         seeks  for  friendly  intercourse,  178. 

"         alleged  partiality  for,  178, 179. 
complaints  against  its  duplicity,  196. 
decrees  of,  cause  of  difficulty,  207. 
correspondence  with,  Envoys  of,  as  to  decrees,  207. 
its  conduct  evasive,  213. 
delays  payment  as  stipulated,  345. 
treaty  with,  allowing  claims,  392,  415. 
complaints  against,  415,  421. 
fears  of  War  with,  421. 


GALLATIN,  his  seat  as  a  Senator  refused,  73. 
GEORGIA,  difficulty  with,  as  to  Indians,  302,  303,  310,  311.' 

claims  the  Indian  lands,  311. 

treaties  with  Indians  in,  311. 

Indians  in,  dispute  with,  336,  337,  380. 

its  threats  and  opposition  to  federal  government,  337,  388. 
GOVERNMENT,  Federal,  organized,  10. 

organization  and  powers  of,  10. 

its  character  both  federal  and  national,  11,  12,  13. 

proposed  by  Virginia  and  Massachusetts,  11. 
GORE  CHRISTOPHER,  Senator  of  Massachusetts,  224. 

his  opinion  of  Militia,  224. 

opinion  of  federal  government  over  militia,  224. 
GREEKS,  sympathy  for,  &c,  289,  297. 
GRUNDY  F"ELIX,  Senator  of  Tennessee,  246. 

his  opinion  of  rights  of  militia,  246. 

resolutions  on  State  rights,  399. 
GUNBOATS,  recommended,  135. 

plan  of  Mr.  Jefferson,  135. 

poor  apology  for  a  Navy,  135. 


HAMILTON  ALEXANDER,  Secretary  of  Treasury,  53. 

able  financier,  53,  54. 

false  charges  against,  79. 

resignation,  79. 
HARRISON  WILLIAM  H.,  first  delegate  from  N.  W.  Territory,  110. 


INDEX.  475 

HARRISON  WILLIAM  H.,  commands  troops  in  Northwest,  195. 
active  and  successful,  195. 
his  successes  in  1813,  209. 
his  defence  of  Fort  Meigs,  209. 
capture  of  Maiden  by,  209. 
battle  of  Thames  under,  209. 
defeat  of  British  by,  209. 
his  aids,  Shelby  and  Peny,  209. 

his  conduct  applauded  by  the  administration,  209,  210. 
in  favor  of  pensions  for  revolutionary  veterans,  255. 
dismissed  from  high  office  by  General  Jackson,  369. 

ILLINOIS  admitted  a  State,  263. 
INDIANS,  report  respecting,  30. 

hostile,  on  Ohio,  &c.  40,  309. 

War  with,  in  N.  W.  Territory,  43,  53. 

treatment  of,  44,  253,  361. 

treaties  with,  45,  48, 104. 

friendly  disposition  of,  122. 

hostile  in  1813,  214. 

lands  purchased  of,  253. 

treatment  of,  in  Georgia,  302,  303,  310,  336,  359,  360,  380. 

policy  in  governing,  360,  361. 

difficulty  of  a  safe  and  just  policy  toward,  362,  374. 

removal  of,  379,  388,  394. 

President  Jackson's  opinion  of,  360. 
INDIANA  made  a  State,  124. 

INTERNAL  IMPROVEMENTS,  85, 145,237,238,265,291,296,312,322,347,348. 
by  dividends  of  United  States  Bank,  256, 291. 
objections  to,  349, 385. 
various  surveys  for,  351. 
IMPRISONMENT  for  debt  proposed  to  be  abolished,  298, 277, 290. 

JACKSON  ANDREW  General,  victory  at  New  Orleans,  233. 
his  invasion  of  Florida,  259,  281. 
his  conduct  in  Florida,  285,  289,257. 
President,  364. 
his  character,  364,  365. 
promises  a  reform,  364,  374,  384. 
arbitrary  and  intolerant,  369,  370,  409,  419,  420. 
prosperous  state  of  the  Union,  on  his  election,  374,  375. 
in  favor  of  paying  off  public  debt,  373. 
in  favor  of  removing  the  Indians,  379. 
insists  on  their  removal,  376. 
favors  the  claims  of  Georgia  over  them,  376. 
his  negotiations  with  France  and  England,  366. 
disputes  with  Mexico,  368. 
his  removals  from  office,  369. 
his  professions  republican,  369. 
in  favor  of  manufactures  at  first,  370,  371,  372. 
recommends  an  alteration  of  tariff,  384. 
retains  a  bill  for  internal  improvements,  385. 
his  opinion  on  State  and  federal  powers,  387. 
his  opinion  of  tariff,  388. 

opposition  to  bank  of  United  States,  389, 402, 418. 
his  opinion  of  Indians,  360,  388. 
in  favor  of  their  removal,  388. 

proposes,  in  lieu  of  Bank,  a  Sub-Treasury  system,  389,  390. 
proclamation  on  opposition  in  South  Carolina,  397. 
elected  President  second  time,  402,  408. 
his  removal  of  public  funds  from  bank,  403. 
his  arbitrary  detention  of  a  bill  for  distribution  of  proceeds  of  sales  of 

public  lands,  403,  404,  430. 
liable  to  flattery  and  to  deception  by  selfish  men,  409. 
dangerous  tendency  of  his  doctrine  and  policy,  409,401, 411. 
his  doctrines  anti-republican,  411. 


476  INDEX. 

JACKSON  ANDREW,  his  disputa  with  Senate,  411,  412. 

his  discontinuance  of  the  bank  injurious,  412,  430. 

his  attempts  to  introduce  a  metallic  currency,  413. 

his  resentment  of  the,  delay  of  France  to  pay,  &c,  415,  416. 

fears  of  war  on  account  of  his  threats,  416,  421. 

great  expenses  in  1835,  420. 

his  experiments  dangerous  and  injurious,  424. 

his  conduct  relating  to  public  funds,  425,  431. 

urges  removal  of  Indians,  426. 

in  favor  of  Navy,  426. 

complains  of  conduct  of  the  abolitionists,  426. 

public  debt,  off  in  his  time,  430. 

but  system  formed  before,  430. 

compared  to  Jefferson,  432. 

expenses  of  his  administration,  431. 
JACOBIN  CLUBS,  78. 

opposed  policy  of  Washington,  78. 

applauded  French  agents,  78. 
JEFFERSON  THOMAS,  Secretary  of  State,  52. 

his  political  theories  and  opinions,  52,  53. 

President  of  United  States,  119,  120. 

his  partial  conduct  to  Duane,  121. 

opposed  to  new  Circuit  Court,  122. 

attention  to  Thomas  Paine,  127. 

recommends  gunboats,  135,  167. 

his  re-election,  137. 

advises  defensive  measures,  139,  140. 

rejects  treaty  with  England,  146,  147. 

implicates  Judge  Marshall,  153,  155. 

favors  an  embargo  and  retirement  from  the  ocean,  166. 

retires  from  presidency,  167, 168. 

his  death,  331. 

Jefferson  compared  to  General  Jackson,  432. 

KENTUCKY  admitted  a  State,  35. 

KING  RUFUS,  his  opinion  of  the  design  of  federal  government,  14. 

opposed  to  war  in  1812,  189. 

in  favor  of  pension  acts,  255. 

navigation  act  urged  by,  256,  270. 

in  favor  of  State  rights,  271. 

great  friend  of  commerce,  293. 

for  appropriating  portion  of  lands  for  emancipation  of  Slaves,  303. 

opposed  to  Slavery  in  Missouri,  268. 

Envoy  to  England,  327,  328. 
KNOX  HENRY  GeneraF,  Secretary  of  War,  53. 

approves  Washington's  policy  and  measures,  79. 

in  favor  of  a  Navy,  89. 

LANDS  cessions  of,  from  States  to  United  Stales,  42. 

grants  of  by  Congress,  43. 

public  sales  of,  309. 

to  actual  settlers,  224,  309. 

for  schools,  &c,  324. 

public,  for  benefit  of  all  the  States,  254,  309. 

proposal  to  distribute,  334,  403. 

proceeds  of  sales  of,  great,  373,  374. 

sale  of,  different  plans  for,  380,  381,  403,  404. 

opposed  in  an  arbitrary  way,  by  General  Jackson,  403,  404,  430. 
LOANS  large  in  1813,  201,  274. 

LOWNDES,  of  South  Carolina,  proposed  plan  of  paying  public  debt,  233. 
LLOYD,  of  Massachusetts,  Senator  in  Congress,  contends  for  rights  of  Militia,  225. 

in  favor  of  Navy, 

opposed  to  Embargo, 
LOUISIANA  purchased  of  Spain,  128. 

boundaries  of,  130,  134,  240. 

possession  taken  of,  129. 


index.  477 

LOUISIANA  admitted  a  State,  177. 
divided,  132, 177. 

MADISON  Mr.,  his  resolutions,  65. 

elected  President,  169. 

chosen  a  second  time  President,  200. 

his  Cabinet,  200. 

approved  and  advised  to  War,  200. 

in  favor  of  Bank,  242,  243,  435, 437. 
MAINE  admitted  a  State,  263. 
MANUFACTURES  early  appreciated  and  encouraged,  21. 

encouraged  and  favored,  235,  236,  243,  266,  283,  285,  288,  295.  352, 
370,384. 

law  to  protect,  modified,  395,  396,  422. 

Compromise  act  on,  396,  401. 

opposed  in  South  Carolina,  396,  397,  400. 
MARSHALL  WILLIAM,  Secretary  of  State,  117. 

Chief  Justice,  117. 

unjustly  charged  with  lenity  to  Burr,  153, 155. 

his  opinion  on  rights  of  Militia,  246. 
MEXICO,  disputes  with,  as  to  bounds,  368,  392,  417. 

treaty  with,  392. 
MILITIA,  power  of  federal  government  over,  41,  74,  185. 

called  for  by  President,  185,  186. 

Massachusetts  declined  to  order  out,  186,  187. 

rights  of,  224,  225,  246. 

Constitutional  power  of  federal  rulers  over,  224,  225,  226,  246. 
MINT  established,  38. 

in  North  Carolina,  423. 

in  Georgia  and  Louisiana,  423. 

expenses  of,  423. 
MISSISSIPPI  admitted  a  State,  263. 
MISSOURI  admitted  a  State,  267. 

Slavery  in,  267. 
MONIES  PUBLIC,  to  be  promptly  paid  into  Treasury,  245. 
MONROE  JAMES,  elected  President,  247. 

of  similar  political  views  as  Madison,  247. 

more  of  a  practical  politician  than  Jefferson  or  Madison,  247, 248, 304. 

advocate  for  State  rights,  248. 

believes  federal  government  one  of  special  or  limited  power,  248. 

in  favor  of  measures  for  national  defence,  248. 

recommends  attention  to  Agriculture,  247. 

favors  the  protective  system,  248. 

his  views  of  federal  government  and  powers,  297. 

opposed  alike  to  consolidation  and  disunion,  297. 

reduced  the  public  debt,  299,  302. 

state  of  the  nation  at  close  of  his  presidency,  299. 

tour  through  eastern  States,  250. 

compared  to  Jefferson  and  Madison,  304. 

elected  second  time,  273, 

care  of  public  funds,  282. 

attention  to  state  of  finances,  282. 

requires  punctuality  in  public  officers,  282. 
in  favor  of  a  Bank,  435. 

NAVY,  Washington  in  favor  of,  89. 

Adams  recommends  its  increase,  89. 

Secretary  of,  100. 

increased,  100,  104. 

its  extent  in  1800,  115,  125. 

important  and  successful,  193,  202,  212,  294. 

officers  of,  brave,  212,  220. 

in  Mediterranean,  313,  314,  330. 

several  engagements  of,  with  the  British,  220.. 
NAVIGATION  LAW  proposed,  256,  270. 

expenses  for  benefit  of,  441. 


478  INDEX. 

NATURALIZATION  LAW,  84, 123,  132. 
NEUTRALITY",  laws  to  maintain,  72. 

recommended,  59,  72,  73, 110. 
NEUTRAL  RIGHTS,  doctrine  of,  140,  141,  154,  158,  159. 
NEWSPAPERS  in  United  States  in  1798,  105. 
NEW  ORLEANS,  battle  of,  223. 

British  defeated  at,  223. 
NEW  YORK,  first  session  of  Congress  in,  9. 
NEW  YORK,  resolutions  in,  against  the  War  of  1812, 188,  189. 
NORTHWEST  TERRITORY,  Indians  in,  124. 
NORTH  CAROLINA  adopted  Constitution,  22. 

OHIO,  cession  of  land  in,  to  Congress,  110. 

first  delegate  from,  110. 
OFFICERS  PUBLIC,  to  settle  their  accounts  often,  statedly  and  promptly,  245, 

249,  288,  352. 
OLIVE,  cultivation  of,  390. 
OTIS  H.  G.,  his  views  of  the  State  authority  over  militia,  226. 

opposed  to  appeals  to  Senate  from  federal  courts,  286. 

opposed  to  Slavery  in  Missouri,  268. 

PARTIES  POLITICAL,  origin  of,  50,  57,  85,  86, 112. 

less  bitter  and  violent  in  1817,  249,  250. 
PAINE  THOMAS,  attention  to,  by  Mr.  Jefferson,  127. 
PATENT  LAW,  33. 

PANAMA,  Congress  of,  316,  317,  318,  320, 321. 
PEACE  sought  in  1814,  216,  217. 

new  instructions  to  obtain,  216,  217,  221. 

made  without  obtaining  what  war  was  declared  for,  217,  221,  230. 

cause  of  great  rejoicing,  229. 

terms  of  peace,  230. 
PENSIONS,  263,  325,  331,  395. 

large  sum  required  for,  331,  350. 
PENNSYLVANIA,  opposition  to  excise  law,  55,74,  104. 
PERRY'S  Commodore,  victory  on  lake  Erie,  210. 

importance  of,  210. 
PHILADELPHIA,  Congress  held  in,  35,39. 
PICKERING  Judge,  impeached,  133. 

POST  OFFICE  department  extended  and  expensive,  377,  378,  390. 
PRESIDENT'S  power  of  removal  from  office,  23. 

his  salary,  25. 
PRESIDENT  AND  VICE  PRESIDENT,  mode  of  electing,  131,  132,298. 

his  power  to  appoint  new  missions,  317, 333. 


RATIO  of  federal  representatives,  47,  283,  393. 

views  of  Washington  on,  47. 
RHODE  ISLAND  adopted  Constitution,  22. 

admitted  into  Union,  22. 
ROADS  Public,  power  of  Congress  to  construct,  145,  254,  311. 

surveys  for,  311,  312. 
REVENUE  small,  179. 
RIVES,  Envoy  to  France,  386. 

makes  a  Treaty  with  France,  392. 
RUSSIA,  Treaty  with,  301,  417. 

Prussia  and  Austria,  417. 


SALARY  of  President  and  Vice  President,  25. 
SALARIES  of  officers  increased,  132. 
SEDITION  AND  ALIEN  LAWS,  102. 
SILK  and  the  Mulberry,  culture  of,  320,  392. 
petition  on,  32,  46, 110, 144,  256. 
SLAVERY,  improper  and  imprudent  attempts  to  abolish,  427,  < 
SLAVE  TRADE,  110, 128,  290,  300,  319. 


INDEX.  479 

SLAVE  TRADE,  its  continuance  prohibited,  144,  263, 267, 277. 

its  extension  opposed,  267. 
SOUTH  AMERICAN  Provinces,  257. 

republics  proposed  to  recognize,  257,  260. 

President  Monroe  against,  264,  271,  276,  286,  316,  317,  345,  346,  418. 

Trade  with,  394,  418. 
SOUTH  CAROLINA,  opposes  Tariff  act,  406,  407. 

threatens  to  use  force,  407. 
SPAIN,  disputes  with,  71,  72,  73, 128. 

Louisiana  purchased  of,  128. 

negotiations  with,  240,  241,  250. 

disputes  with,  as  to  bounds,  251. 
SMITH  Mr.,  Senator  of  Ohio,  accused  of  being  on  accomplice  of  Burr,  162i 

report  for  banishing  him  the  Senate,  164. 
STAMPS,  tax,  unpopular,  95. 
STATE  RIGHTS,  145,380,  384. 

powers  of  federal  government  over,  381,  383,  396,  399,  406. 
STATES  UNITED,  not  consolidated,  14. 

suability  of,  66, 

their  sovereignty,  66,  67. 

debtor  and  creditor,  70. 
STRONG  Governor,  of  Massachusetts,  opinion  of  State  rights  and  of  Militia, 
224. 


TAXES  internal,  95. 

direct,  to  bear  extra  expenses  in  1798,  95, 100, 104% 

unpopular,  111. 

increased  in  1813,  201,222. 

diminished  in  1816,  233. 
TERRITORY  NORTH  WEST,  organized,  26. 

to  have  a  delegate,  245. 
THANKSGIVING  recommended,  25. 
TOINNAGE  of  United  States,  46. 
TRADE  with  foreign  nations  proposed  on  terms  of  reciprocity,  300,  301,  354. 

evils  of  restriction  on,  278,  279,  280. 
TREASURY  DEPARTMENT  regulated,  245,  269. 

monies  to  be  promptly  paid  into,  245,  269. 

notes,  objections  to  issuing,  265,  389. 

should  be  under  direction  of  Congress,  390,  410, 424. 
TREATY  of  1778  with  France  abrogated,  97. 

TREASURY-SUB,  plan  of,  424.  .  ' 

TREATY  signed  with   the  Sublime  Porte,  by  an  agent  appointed  by  President? 
without  knowledge  of  Senate,  386. 

VAN  BUREN  M.,  Vice  President,  408. 

President,  464. 

his  character  and  policy,  464,  465. 
VERMONT  admitted  into  Union,  36. 

invaded  in  war  of  1812, 208. 

WASHINGTON  GEORGE,  first  President  of  the  United  States,  15. 
his  inaugural  address,  15. 
his  impartiality,  51,  64. 
complaints  against,  by  a  few,  52,  57. 
large  majority  approve  his  conduct  and  policy,  52 
division  in  his  cabinet,  53. 
persuaded  to  serve  a  second  term,  56. 
re-elected  President,  57,  59. 
ill-treatment  of,  by  French  agents,  59. 
his  neutral  policy  towards  France  and  England,  £>y,  ou,  u. 
complained  of  by  some,  61,  85,  86. 
firmness  of,  on  the  occasion,  62,  63,  64,  69. 
appoints  Judge  Jay,  Envoy  to  England,  65,  71. 
suppresses  insurrection  in  Pennsylvania,  76. 
advises  to  provide  for  reducing  public  debt,  77,  ey. 


480  INDEX. 

WASHINGTON  GEORGE,  his  measures  censured  by  Jacobin  Clubs,  78. 

his  treaty  with  England  opposed,  81,  82. 

advice  to  increase  Navy,  89. 

his  resignation,  90. 

his  eulogy  by  Mr.  Adams,  92. 

Commander-in-Chief,  101. 

death  of,  universally  lamented,  106. 
WASHINGTON  CITY,  first  Session  of  Congress  in,  114. 

invaded  and  plundered  by  British  troops,  219. 
WAR  with  England,  181,  183. 

reasons  for,  181, 182. 

unnecessary,  183. 

charged  to  partiality  for  France,  183. 

nation  unprepared  for,  184. 

treasury  notes  issued,  to  support,  185. 

much  opposition  to,  187,  188. 

Resolutions  in  New  York,  disapproving  of,  188. 

menaces  of  dominant  party  after  it  was  declared,  190. 

early  misfortunes  and  defeats  in,  191,  192. 

prosecuted  with  vigor,  194,  201. 

army  increased  in  second  year  of,  201,  216. 

continued  for  seamen's  rights,  196,  197,  199. 

great  expenses  of,  201,  216. 

people  patient,  though  not  approving  it,  203. 

depredations  of,  by  British  ships,  206.  211. 

correspondence  which  preceded  it,  207. 

division  in  Congress  on,  208. 

new  instruction  to  Envoys  to  close  it,  216,  217. 

closed,  without  obtaining  what  it  was  declared  for,  217,  221. 

too  expensive  and  unpopular  to  be  continued,  221. 

great  expenses  of,  230. 
WARD  ARTEMAS,  his  views  of  the  rights  of  the  Militia,  225. 
WOOLLEN  GOODS  imported,  duties  on,  raised,  340. 

to  protect  manufactures  opposition  to,  340,  341. 

great  importations  of,  352. 

increase  of  duty  on,  352. 


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